Mexico City — The Mexican government has launched a legal process to protect four Maya words — Kuxtal, Myakaan, Mayakaan and Ka’an — that it says were used commercially without authorization, and has called on indigenous communities in Quintana Roo, Yucatán and Campeche to participate in the defense of their cultural heritage.
The Culture Ministry published two notices in the Official Gazette inviting Maya communities to determine whether their collective rights have been affected and, if so, to join administrative proceedings before the National Copyright Institute (Indautor).
The words are recognized by the National Institute of Indigenous Peoples (INPI) as part of the cultural heritage of the Maya people based on the National Catalog of Indigenous Languages.
One case targets Altura 1704 Proyectos S. de R.L. de C.V. and Carmen Esther Hernández Villaseñor for allegedly misusing the word Kuxtal. The second case was filed against Desarrolladora Gredos, S.A. de C.V., KL4 Construcciones, S.A. de C.V., and José Antonio Vázquez Cortázar for unauthorized use of Myakaan, Mayakaan and Ka’an.
Pablo Martínez, director of the Center for Support of Indigenous Migrants, said that indigenous languages and culture should not become commercial brands or be exploited for profit without community consent. The issue will be discussed at a forum on the General Law on the Rights of Indigenous and Afro-Mexican Peoples scheduled for Aug. 1 in Cancún.
Intellectual property lawyer Hugo Alday Nieto noted that the trademark Mayakan has existed for over a decade, but recent reforms to protect elements of Maya culture will make it more difficult for such registrations to continue under new legal provisions.
