By Ma. Fernanda González Rendón, NEREO LEGAL
Introduction: Between Admiration and Exploitation
Beyond Recognition: The Urgency of a Protection Strategy
Shared Responsibility Between Industry and Communities
Conclusion: Respect as a Legal and Ethical Strategy
Recommendations for International and Domestic Companies
Introduction: Between Admiration and Exploitation
Cultural heritage and traditional expressions of Indigenous and Afro-Mexican people are living manifestations of identity, memory, and cosmovision. Yet in recent years, several companies —particularly in the fashion industry— have crossed the delicate line between legitimate inspiration and cultural appropriation.
A recent and emblematic example is the Adidas case, which revealed the growing tension between commercial creativity and respect for cultural heritage. The company was accused by the Zapotec community of Villa Hidalgo Yalálag, Oaxaca, and by the Mexican government for designing the “Oaxaca Slip-On” sandals, inspired by traditional Oaxacan huaraches, without the community’s consent. The conflict escalated due to the unauthorized commercial use of the name “Oaxaca”, the lack of direct economic benefit for local craftspeople, and the industrial reproduction of a design deeply rooted in Indigenous heritage.
Although the referred controversy became public in 2025, similar controversies have arisen over the years, involving international companies such as Carolina Herrera and Michael Kors, among many others. This debate has been going on with high intensity for at least a decade. So much so, that the Mexican government enacted in 2022 the Federal Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities (2022), which established a licensing scheme and a legal basis for claiming misuse of traditional expressions in favor of traditional communities.
Beyond ethical or media condemnation, these high-profile cases expose the structural weaknesses of the Mexican legal framework. While the 2022 law marked an important step forward, its practical enforcement remains ineffective.
The absence of clear implementation mechanisms and national coordination between all the authorities involved has led most of these conflicts to be resolved diplomatically or through media channels, rather than judicially.
Beyond Recognition: The Urgency of a Protection Strategy
Protecting cultural heritage must be approached through three interrelated dimensions: human rights, cultural rights, and intellectual property. In practice, however, the lack of effective cultural prosecution strategies has left traditional communities at a disadvantage against multinational corporations
An effective protection policy should include at least the following components:
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- Identification and documentation. Communities should create declarative inventories or registries documenting their designs, symbols, and traditional knowledge, helping establish collective ownership.
- Specialized legal counseling. Intellectual property professionals must adopt a preventive approach, selecting the most suitable tools for each case, e.g., collective trademarks, copyrights, appellations of origin, or geographical indications.
- Institutional coordination. Close collaboration between the Mexican Institute of Industrial Property (IMPI) and the Ministry of Culture is essential to prevent the registration of trademarks or designs incorporating traditional elements without prior consent from the communities concerned.
Shared Responsibility Between Industry and Communities
Companies can no longer plead ignorance. There is growing awareness of the ethical and legal duty to obtain free, prior, and informed consent, and to establish fair benefit-sharing mechanisms. Sectors such as fashion, advertising, and industrial design must now operate under new rules, where inspiration does not equal appropriation.
At the same time, communities and artisans must understand their rights and the legal tools available to enforce them. Without minimum standards of protection, such as model contracts, consultation procedures, and authorization guidelines, it is difficult to ensure effective respect for cultural heritage.
Strengthening local legal capacity is therefore key to long-term protection. Empowering traditional creators through legal education not only prevents future conflicts but also supports the cultural and economic sustainability of their expressions.
Conclusion: Respect as a Legal and Ethical Strategy
Cultural heritage should never be reduced to a decorative motif or a marketable resource: It represents centuries of history, values, and spirituality deserving of both respect and legal protection.
The work of legal professionals and companies must seek a balance between creativity, ethics, and legality. Implementing cultural prosecution strategies involves not only litigation but also prevention: consulting, documenting, advising, and respecting.
Cases such as Adidas, Michael Kors or Carolina Herrera should not only be viewed as public controversies but as opportunities to redefine the dialogue between contemporary innovation and traditional heritage. Until effective mechanisms for protection and cooperation exist, the line between admiration and exploitation will remain dangerously thin.
Challenges for Effective Implementation
Despite recent legislative progress, Mexico still faces major structural challenges in effectively protecting cultural heritage. First, the absence of uniform criteria to determine what constitutes collective heritage complicates enforcement. Second, limited institutional capacity to monitor and sanction acts of cultural appropriation weakens compliance.
Furthermore, the legal framework remains fragmented among cultural, industrial property, and copyright laws. This lack of inter-agency coordination creates loopholes often exploited by private actors.
It is equally essential to recognize the global dimension of this issue. Elements of Mexican cultural heritage circulate widely in international markets, demanding bilateral and multilateral cooperation. Instruments such as the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003) and the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore, provide valuable frameworks for developing protection systems aligned with international standards.
Recommendations for International and Domestic Companies
To avoid engaging in cultural appropriation, companies must adopt proactive cultural due diligence policies, aligned with principles of sustainability, respect, and shared responsibility. The following recommendations are particularly relevant:
Consult before creating: Before using designs, symbols, or motifs inspired by traditional cultures, companies should establish direct dialogue channels with local communities to ensure authorization.
Acknowledge collective authorship: Publicly crediting Indigenous or local communities as sources of inspiration is both an ethical and reputational best practice, strengthening corporate legitimacy.
Establish fair collaboration agreements: Licensing or co-branding contracts should include economic retribution and moral rights clauses for the communities providing cultural contributions.
Seek specialized legal advice: Working with intellectual property and cultural heritage experts allows companies to anticipate risks and comply with local and international regulations. Don’t be sorry, be better!
Ultimately, respecting cultural heritage is not just a matter of ethics, it’s a long-term business strategy that builds trust, adds authentic value, and promotes sustainable innovation.
Need any help with trademark services in Mexico? Contact NEREO LEGAL now via IPNOTE to start protecting your intellectual property or planning a safe go-to-market strategy.
