Mexico’s new ban on the unauthorized use of indigenous art and design highlights questions about how far intellectual property laws can be used in a global push against exploitation of marginalized cultures.
The Federal Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican People and Communities empowers groups to sue if someone without permission copies or imitates symbols, designs, or other elements of their heritage, “even in a degree of confusion.” It carries up to a 10-year prison term for illicitly producing or selling indigenous creations.
But as the law raises the stakes, it leaves open crucial ...