The following designations are protected:
a) as regards spirit drinks originating in the Community, the designations listed in Annex I;
b) as regards spirit drinks originating in the United Mexican States, the designations listed in Annex II.
1. In the United Mexican States, the Community protected names:
- may not be used otherwise than under conditions laid down in the laws and regulations of the Community; and
- are reserved exclusively to the spirits originating in the Community to which they apply.
2. In the Community, the Mexican protected names:
- may not be used otherwise than under conditions foreseen at the law and rules of the United Mexican States; and
- are reserved exclusively to the spirits originating in the United Mexican States to which they apply.
3. Without prejudice to Articles 22 and 23 of the Agreement on Trade-Related Aspects of Intellectual Property Rights set out in Annex 1C of the Agreement establishing the World Trade Organization, the Contracting Parties shall take all measures necessary, in accordance with this Agreement, to ensure reciprocal protection of the designations referred to in Article e and used to refer to spirit drinks originating in the territory of the Contracting Parties.
Each Contracting Party shall provide the interested parties with the legal means of preventing the uses of a designation to designate spirit drinks not originating in the place indicated by the designation in question or in the place where the designation in question has been traditionally used.
4. The Contracting Parties will not deny the protection provided for by this Article under circumstances specified in paragraphs 4, 5, 6 and 7 of Article 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights.
The protection afforded in Article 4 shall also apply even where the true origin of the spirit drink is indicated or the designation is used in translations or accompanied by terms such as «kind», «type», «style», «way», «imitation», «method» and other analogous expressions, including graphic symbols which may lead to confusion.