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Collective Trademarks and Artisanship in Michoacán, Mexico

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Collective Trademarks and Artisanship in Michoacán, Mexico INTERNATIONAL PHD IN LAW AND SOCIETY “RENATO TREVES” Regulating Signifiers: Collective Trademarks and Artisanship in Michoacán, Mexico Lucero Ibarra Rojas Supervisors: Sol Picciotto Luigi Cominelli 1 INDEX Acknowledgements 3 Glossary 6 Introduction 8 1. Culture in México's colonial history and Michoacán's artisanal sector 17 1.1 México: historical space in construction 20 1.2 Pinpointing Michoacán 30 2. The turn toward intellectual property for Michoacán 42 2.1 Methodology 44 2.2 Indigenous cultural expressions and the limitations of Intellectual 48 Property 2.3 Problems and inspirations: where it all began 52 2.4 Intellectual property in the technocratic agenda: the rightist project 63 2.5 The artisanship in Michoacán’s law 69 2.6 Intellectual property in the pluricultural agenda: the leftist project 81 3. The implementation of the Collective Trademarks public policy 90 3.1 Negotiating Collective Trademarks 92 3.2 The integration of a pilot project 100 3.3 CASART trade marketing Michoacán 108 3.4 Heterogeneity within the state 115 REGULATING SIGNIFIERS: COLLECTIVE TRADEMARKS AND ARTISANSHIP IN MICHOACÁN, MEXICO | Lucero Ibarra Rojas 2 4. Collective Trademarks through the shifts in Michoacán’s public 118 administration 4.1 The changes in the CASART administration and its effects for 121 Collective Trademarks 4.2 The SEDECO’s involvement with Collective Trademarks 129 4.3 The Collective Trademarks in Michoacán’s PRI administration 137 4.4 The heterogeneity of the state and the political field 140 5. Living the collective trademarks: The meaning of collective trademarks 143 for Michoacán’s communities 5.1 Methodological approach 145 5.2 Where did the trademarks go? 152 5.3 Persisting with Collective Trademarks 162 5.4 Intellectual property and epistemic hegemonies 171 5.5 Counter Hegemonic possibilities 180 Conclusions 188 References 197 REGULATING SIGNIFIERS: COLLECTIVE TRADEMARKS AND ARTISANSHIP IN MICHOACÁN, MEXICO | Lucero Ibarra Rojas 3 ACKNOWLEDGEMENTS Truly there is no idea that comes from nothing, or creation endeavour that involves a single mind. This is a collective work even if there is a single name in the cover, and I am lucky to be in contact with a network of brilliant, talented and generous persons to whom I owe everything. Todo mi trabajo, como mi cariño y admiración, es primeramente para mi familia. A mis padres, Francisco Javier y Ovidia, y a mi hermana Elena Alejandra, les debo todas y cada una de las cosas buenas en mi vida. Son y serán siempre las personas a quienes más quiero en el mundo. Gracias por su apoyo de siempre. Gracias por su ayuda incansable en todos los aspectos de mi vida. Gracias por ser una inspiración siempre para ser una mejor persona. Gracias por darme siempre un entorno de personas brillantes y dispuestas a crecer. Ustedes me han dado siempre las alas para volar donde quiera que esté. Gracias porque la suerte más grande que cualquier persona puede tener es conocer y compartir su vida con alguien como ustedes. The family that makes life worthwhile, however, includes also many other persons; and I am extremely lucky for the fact that indeed there are many persons that I call my friends. I am sure any list will be short and unfair because so many persons have collaborated over the past few years in the processes of this PhD. There are, of course, the friends that I have made traveling and that integrate an international network of brilliant, committed and joyful friends. The past few years have shown me that the world is filled with persons that they make the hardships of traveling worthwhile just to get to know them. But there are the friends at home, or rather the friends that have made two places in the world a true home for me. In Morelia: Naima, Orlando, Jonathan, César, Alejandro and Erika. In Oñati: Idoia, Axier, Andoni, María, Maite, Jon, Ewa, Rubén and Sandra. And to my dear traveling friends who are able to make a home for me anywhere in the world: Mariana, Marisa and Cristina. REGULATING SIGNIFIERS: COLLECTIVE TRADEMARKS AND ARTISANSHIP IN MICHOACÁN, MEXICO | Lucero Ibarra Rojas 4 I have also been lucky to join in more than one academic family that should be acknowledged. The journey that led to this thesis began in many ways in the Oñati International Institute for the Sociology of Law (IISL). The Oñati family is perhaps the most amazing academic community in the world, and I want to continue acknowledging the work of the wonderful persons there, who inspire everyone that comes into contact with them to work hard and be kind. The different periods I have spent in Oñati are some of the most fruitful of my life, and this owed greatly to the brilliant persons that I have shared the classroom with: Mariana M., Mariana K., Marisa, Fernando, Sandra, Melissa, Joeni, Stan, Alexander, Giusseppe, Ezgi, Santiago, Asep, Yeanoh, Mostafa, Prosper, Aidan, Mariana B., Luizana. The Osnabrück Summer Institute on the Cultural Study of the Law, who welcomed me for the Third Summer School was also a fantastic place of growth and friendship. I am thankful to everyone involved for all that they each shared with me. There is of course a need to acknowledge the talent and help of the Treves family. The Renato Treves International PhD Program has had the invaluable benefit of letting its students be in contact with different academic environments. Each experience in Milan, Urbino and Lund has come with scholars and students who must be recognized for the generosity and kindness that I have encountered. The Treves family is therefore an extended one, and I want to thank particularly those persons who have become friends over the last few years. Thank you for your friendship, advice and company: César, Giulia, Marisa, Ezgi, Aida, Iage, David, Lucas, Paolo, Simone, Sebastian, Fiammetta, Valeria, Ana María, Karl, Peter, Matteo. Throughout these years, some scholars have collaborated more substantially to shape this research. Some read projects and drafts, while some others have taken the time to talk with me, help and guide, and I would not want to leave that help unacknowledged from: Lucia Belluci, Fiona MacMillan, Rosemary Coombe, James Martel, Carlos Lista, Rebecca Johnson, Letizia Mancini, Yves Dezalay, Mikael Rask Madsen and Angela Melville. This journey has allowed me also to integrate projects that I am proud of, with persons that I respect profoundly and who make the future look extremely hopeful. To everyone in Emancipaciones Colectivo de Estudios Críticos del Derecho y las Humanidades and in the Red de Sociología en América Latina y el Caribe, thank you! Not only are all of you some of my dearest friends, you have also turned the uncertainties of academia into a field of exiting opportunities. REGULATING SIGNIFIERS: COLLECTIVE TRADEMARKS AND ARTISANSHIP IN MICHOACÁN, MEXICO | Lucero Ibarra Rojas 5 Last, but definitely not least, I have nothing but admiration for the supervisors that have helped through this long and complicated years. To Sol Picciotto who has been the best advisor anyone could have asked for and who I thank for his patience, his trust and his permanent willingness to help and guide. I have been lucky to count with a scholar who is both one of the most knowledgeable persons I have ever met and who is a generous academic who helps people around him grow. I also have to thank Luigi Cominelli, who has always been there to help the Treves students and who has shared with us his family and home. Without the work and patience from my supervisors this work would have never been finished. Writing this I realize that I have so much more in the people around me, than any person deserves. Thank you! REGULATING SIGNIFIERS: COLLECTIVE TRADEMARKS AND ARTISANSHIP IN MICHOACÁN, MEXICO | Lucero Ibarra Rojas 6 GLOSSARY CASART: Artisanry House CIATEJ: Centre of Research and Assistance in Technology and Design of the Jalisco Province COLMICH: College of Michoacán CONACYT: National Council of Science and Technology CONAGO: National Conference of Governors CT: Collective Trademark DPSM: Development Plan for the State of Michoacán EZLN: Zapatist Army of National Liberation FLIP: Federal Law of Industrial Property FLRA: Federal Law of Rights of Authors FOMICH: Fund for Industrial Promotion of Michoacán FONART: Arts Fund GI: Geographical Indication ICATMI: Institute of Work Capacitating of Michoacán INEGI: National Institute of Statistics and Geography. IP: Intellectual Property IMPI: Mexican Institute of Industrial Property LCDM: Law for the Cultural Development of the State of Michoacán of Ocampo REGULATING SIGNIFIERS: COLLECTIVE TRADEMARKS AND ARTISANSHIP IN MICHOACÁN, MEXICO | Lucero Ibarra Rojas 7 LDAM: Law for the Development of Artisanship in the State of Michoacán of Ocampo CCTM: Council of Collective Trademarks of Michoacán MORENA: National Regeneration Movement NAFTA: North American Free Trade Agreement PAN: National Action Party PRI: Institutional Revolution Party PRD: Democratic Revolution Party PROFEPA: Federal Attorney for Environmental Protection Promiorigen: Program of Industrial Property SEDECO: Secretary of Economic Development STASPE: Union of Workers of the Executive Power TRIPs: Agreement on Trade-Related Aspects of Intellectual Property UMSNH: Universidad Michoacana de San Nicolás de Hidalgo UNESCO: United Nations Educational Scientific and Cultural Organization UNIAMICH: State Union of Artisans of Michoacán USA: United States of America USAID: United States of America Agency of International Development WIPO: World Intellectual Property Organization WTO: World Trade Organisation REGULATING SIGNIFIERS: COLLECTIVE TRADEMARKS AND ARTISANSHIP IN MICHOACÁN, MEXICO | Lucero Ibarra Rojas 8 INTRODUCTION On August 21st, 2014, the Collective Trademark (CT) “Ate1 de Morelia Región de Origen” (Ate from Morelia Region of Origin) was formally given in a public ceremony to the producers of the city of Morelia, by a representative of the Mexican Institute of Industrial Property (IMPI) in the city’s Municipal Hall.
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