Gastronomy Law

chosen as “Main tourist attraction in South America”; these awards highlight the country’s continuous effort to preserve and share its cultural diversity with the world where its gastronomy stands out. The Organization of American States in 2011 recognized Peruvian gastronomy with the “Cultural Heritage of the Americas” award. In addition, some of its restaurants have also been considered outstanding in the world, so in 2024 there are three restaurants among the 50 best in the world (Theworlds50best, 2024). In the previous year of the same event, the Central restaurant was the best in the world and three more were mentioned among the 50 best in the world (Theworlds50best, 2023). At the tourist level, National In 2024, Geographic recognized Peru for the second consecutive year as the “Best International Destination” in the Travel Readers’ Awards, surpassing countries such as Egypt, Colombia, Morocco and Uzbekistan, substantiating the phrase “Traveling to Peru is equivalent to entering a fantastic world.” In this sense, it is understandable that the Institute for Competition and Industrial Property, hereinafter (INDECOPI), given its jurisdiction, formulated a project that was later approved and published on November 16, 2021, as Supreme Decree No. 170-2021-PCM, incorporating the ETG, which includes traditional food products, as an element of industrial property; therefore, INDECOPI, as a national body specialized in industrial property, assumes the functions emanating from the regulation through the Distinctive Signs Commission of the Distinctive Signs Directorate (hereinafter Directorate). Supreme Decree No. 170-2021-PCM, in addition to regulating their protection, establishes procedures for their registration, which guarantees that traditional food products are preserved as cultural and economic assets. In the case of Ecuador, the Organic Code of the Social Economy of Knowledge, Creativity and Innovation - Official Registry No. 899 - was issued, published on December 9, 2016. On the other hand, in the European Union (EU), the TSG have had regulatory regulations since the last century, the current one being Regulation (EU) 2024/1143 of the European Parliament and of the Council dated April 11, 2024. The purpose of this work is to clarify the legality of Traditional Specialties Guaranteed within the Peruvian legal framework of gastronomy and tourism (gastronomic tourism) and its understanding with the preservation of the intangible cultural heritage of the nation (culinary traditions), taking a macro view, to help position Peru as a relevant gastronomic tourist destination, for which the Peruvian legal system of the TSG was compared with the regulations 731 LEGALITY AND GASTRONOMIC REGULATION OF TRADITIONAL SPECIALTIES GUARANTEED

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