Geographical Indications

Denominations of Origin

Definition: a denomination of origin is understood as a geographical indication consisting of the name of a country, of a region, or of a given place, or consisting of a denomination that refers to a given geographic zone, used to designate a product originating from such geographical zone and whose qualities, reputation, or other characteristics are exclusively or essentially due to the geographical environment in which it is produced, including the human and natural factors. The Peruvian government is the holder of the denominations of Peruvian origin and may grant authorizations of use to foreign applicants.

Applicant: the use of a denomination of origin is exclusively reserved for people who: (a) are directly involved in the extraction, production or manufacturing of the products distinguished by the denomination of origin; (b) carry out such activity within the geographic limits according to the protection declaration; and (c) comply with other requirements established by the competent national offices.

Not recordable: (a) those which do not fall within the preceding definition; (b) those which are common or generic indications used to distinguish the product involved, considered as such by both the experts in the matter and the consumer in general; (c) those which are contrary to good morals or public order; (d) those which could lead the public into error about the origin, nature, manufacturing process, quality, reputation or other characteristics of the respective products.

The registration of an appellation of origin is recorded ex officio, at the request of whoever proves to have a legitimate interest.

Duration: the authorization to use a protected appellation of origin is valid for ten years.

Renewal: possible, for similar periods.

Indications of Origin

Definition: indications of origin are understood as a name, expression, image or sign that designs or recalls a country, a region, a town, or any given place. An indication of origin cannot be used in the market related to a product or service, if it is false or deceptive regarding its origin or when its use could cause confusion in the public regarding its origin, quality or any other characteristic of the product or service. The advertisement and any commercial documentation related to the sale, exposition, or offer of the products and services are also considered as use of geographical indication in the trade. Any person can indicate his/her name or address on the products he commercializes, when they originate from a different country, providing he/she indicates the exact provenance, the country or place of production or manufacturing of the products, or any other indication, thus avoiding any misunderstanding about the genuine origin of the products.