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Mexico Supreme Court denies Grupo Xcaret use of Maya symbols
Mexico’s Supreme Court of Justice of the Nation (SCJN) has denied Grupo Xcaret a definitive suspension that would have prevented the blocking of its websites due to the use of Maya symbology. The court revoked a previous lower court ruling that had allowed the company to maintain its digital presence while litigation continued.
A central point of the ruling was Xcaret’s contract with the Gran Consejo Maya, which the company used to claim authorization for using elements of Maya cultural heritage. The Supreme Court determined that while the contract may create obligations between the signing parties, it does not meet the legal requirements to prove authorization from the Maya people as the collective owners of their cultural heritage.
The court concluded that the contract is insufficient to support a legally protectable right regarding the use of these symbols. Separately, the Ministry of Environment and Natural Resources (Semarnat) has approved Xcaret for long-term construction projects, but noted that the company must still consult with and obtain approval from Maya communities for such developments.
Entities
Gran Consejo Maya · Grupo Xcaret · Secretaría de Medio Ambiente y Recursos Naturales · Suprema Corte de Justicia de la Nación