In the Peruvian case, the background dates back to the Trade Promotion Agreement between Peru and the United States approved by Legislative Resolution No. 28766 of June 29, 2006, which gave rise to the obligation to reform some internal regulations on Intellectual Property. Since Peru is subject to Decision 486 of the Andean Community Commission establishing the Common Regime on Industrial Property, it had to issue Legislative Decree 1075 dated June 27, 2008; Complementary rule that defines in its article 3, the constitutive elements of industrial property, but without including ETG as an element of industrial property, later with Legislative Decree No. 1397 published on September 7, 2018, said article 3 of Legislative Decree 1075 is modified, incorporating ETG as an element of industrial property, regulated in literal “n”. Where it is specified that the ETG seek to protect traditional recipes, production or transformation methods that correspond to the traditional practice applicable to a product or food (food product), contributing to giving added value to traditional products in their commercialization, production or transformation and also informing consumers of their attributes. Said legislative decree established that it would come into force with the publication of the supreme decree that regulates the ETG, which was finalized with the issuance of the Peruvian Regulation contained in Supreme Decree No. 170-2021-PCM. Supreme Decree No. 170-2021-PCM, in general, regulates the requirements and procedures necessary to register a product as an ETG, which is condescending with the preservation of traditional practices and their protection as part of the nation’s cultural heritage. Likewise, it reinforces the authenticity of the products and prevents their misuse in the market, providing legal support to local and/or regional producers, as well as consumers. In this way, Supreme Decree No. 170-2021-PCM (2021) defines what an TSG is: “ It is the name that identifies a food preparation intended for human consumption that has specific characteristics that clearly distinguish it from other food preparations belonging to the same category, because they have been made from traditional raw materials or ingredients or that they are the result of a traditional composition, elaboration, production or transformation .” (Article 2.5). Highlighting that the specific subject of protection is the “food preparation”. Likewise, Supreme Decree No. 170-2021-PCM (2021) understands labeling as “Any written, printed or graphic material that contains the label, accompanies the food preparation or is displayed near it, including that which is intended to promote its sale or placement ” (Article 2.6). Labelling constitutes the right to incorporate the name of the TSG that accompanies the food preparation on the label with a 733 LEGALITY AND GASTRONOMIC REGULATION OF TRADITIONAL SPECIALTIES GUARANTEED
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