What are designations of origin?
Which body authorises designations of origin in Peru?
Are foreign designations of origin recognised in Peru, and if so, how?
What requirements must a name fulfil in order to be registered as a designation of origin in Peru?
What is the procedure for registering a designation of origin in Peru?
Can other people apply to use registered designations of origin in Peru, and if so, how?
What designations of origin currently exist in Peru?
How are Peruvian designations of origin protected abroad?
What are designations of origin?
"Designations of origin" are distinctive signs that use the name of a region and that serve to designate and distinguish a product based on the special characteristics it derives from the geographical environment in which it is produced. Such characteristics may be based on natural or human factors, such as the knowledge of cultural practices of inhabitants that are inherited from their ancestors.
Which body authorises designations of origin in Peru?
In accordance with the provisions of Legislative Decree No. 1075, the state owns designations of origin and grants use authorisations to the producers through the competent office, which, in the case of Peru, is the Direction of Distinctive Signs of the National Institute for the Defence of Competition and Protection of Intellectual Property (INDECOPI).
Are foreign designations of origin recognised in Peru, and if so, how?
Under the Lisbon Agreement, applications for foreign designations of origin can be filed and recognised in Peru. The procedure is the same as for a Peruvian designation of origin.
What requirements must a name fulfil in order to be registered as a designation of origin in Peru?
The name of a designation of origin should relate to:
- geographic factors, such as natural conditions, climate, environment or temperature;
- human factors (ie, in the participation of the product's extraction or elaboration); or
- history or traditions linked to the product's production.
The interaction of these factors gives an additional characteristic to the product that distinguishes it from other similar products.
What is the procedure for registering a designation of origin in Peru?
This procedure begins with the filing of an application. Applications must contain the following requirements:
- the name and address of the applicant;
- the necessary powers of attorney;
- documents proving the existence and representation of the applicant legal entity;
- the designations of origin intended to be used;
- a certification of the place or places of exploitation, production or processing of the product. This will be accredited by the record of an inspection visit carried out by an authorised body;
- a certification of the characteristics of the product that is intended to be distinguished with the designations of origin, including its components, methods of production or processing methods and factors linking it to the protected geographical area. This will be accredited by the record of an inspection visit and a certification issued by an authorised body;
- a certification of compliance with the Peruvian Technical Standard, if applicable; and,
- proof of payment of the corresponding fees.
Can other people apply to use registered designations of origin in Peru, and if so, how?
Only individuals or associations directly engaged in the extraction of the product, the state and regional, departmental and municipal authorities may apply to use registered designations of origin in Peru. In the case of designations of origin in their jurisdiction, they must follow the administrative procedure before the Direction of Distinctive Signs of INDECOPI as set out above.
What designations of origin currently exist in Peru?
The following designations of origin exist in Peru:
- Pisco;
- Maíz Gigante de Cusco;
- Chulucanas;
- Pallar de Ica;
- Café Villa Rica;
- Loche de Lambayeque;
- Café Machu Picchu-Huadquiña;
- Maca Junín-Pasco;
- Aceituna de Tacna; and
- Cacao Amazonas Perú.
How are Peruvian designations of origin protected abroad?
In order to protect its appellations of origin abroad, Peru has mainly followed two paths:
- applying for a registration following the respective procedure directly with the competent authority of the country concerned; and
- using the Lisbon System to obtain protection in the member countries of the agreement.
For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 502 6467 or +51 628 1238) or email ([email protected]). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.