Geographical Indications Law in Peru
Here’s an overview of Geographical Indications (GI) law in Peru:
🇵🇪 1. Legal Framework
Peru protects Geographical Indications under the Industrial Property Law (Law No. 28289) enacted in 2004.
The law specifically regulates Geographical Indications (GIs) and Appellations of Origin (AOs).
The registration and protection of GIs are administered by the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI).
2. Definitions and Scope
Geographical Indication: Sign used to identify a product as originating from a specific territory, where a given quality, reputation, or characteristic is attributable to its geographic origin.
Appellation of Origin: A type of GI where the product’s qualities or characteristics are essentially or exclusively due to the geographic environment including natural and human factors.
3. Registration Process
Applicants (usually producer groups or associations) must file an application with INDECOPI.
Application must include:
Definition of the geographical area.
Description of the product.
Evidence linking the product’s qualities or reputation to the geographic origin.
INDECOPI examines the application, publishes it for opposition, and if no successful opposition occurs, registers the GI.
Registered GIs receive exclusive rights to use the GI.
4. Protection and Enforcement
Registered GIs are protected against:
Unauthorized use.
Misleading use.
Registration as trademarks or commercial names by third parties.
Remedies include civil actions and administrative sanctions.
INDECOPI also monitors improper use.
5. International Agreements
Peru is a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
Peru is a party to the Andean Community, which has its own GI system harmonizing protection among member states.
Peru also recognizes GIs under bilateral trade agreements.
6. Examples of Peruvian GIs
Pisco (Appellation of Origin)
Cajamarca Cheese
Café de Villa Rica
Cacao de Piura
These GIs help protect traditional products and promote Peru’s cultural heritage internationally.
Summary Table
| Aspect | Status in Peru |
|---|---|
| Legal Framework | Industrial Property Law No. 28289 (2004) |
| Registration Authority | INDECOPI |
| Types of Protection | Geographical Indications, Appellations of Origin |
| Duration of Protection | Indefinite (renewable) |
| Enforcement | Civil and administrative remedies |
| International Agreements | WTO/TRIPS, Andean Community |
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