unique distinctive sign that promotes its sale or placement on the food product market. These may be food or beverages, therefore suppliers or vendors of food preparations may also add this distinctive sign to lists or menu cards or other advertising related items. Another definition of Supreme Decree No. 170-2021-PCM (2021), which is important to highlight to differentiate it from other elements of industrial property, such as geographical indications (hereinafter PGI) and designations of origin (hereinafter DOP), is that, in these, the protection of the product is territorial or geographic, since they are based or validated, in that the raw material, elaboration... as well as the characteristics and quality, are due to the place or geographic territory, while in the TSG the traditional is validated , defining the traditional as : “The use that demonstrates a preparation in the market for a period of time that allows its transmission between different generations; this period is at least twenty (20) years” (Article 2.12) . That is, a product is considered “traditional” if it has been made and marketed following the same practices for at least 20 years. This implies that the techniques used have been transmitted between generations, which reinforces its authenticity and cultural relevance. This criterion ensures that food products labelled as TSG truly represent the country’s authentic and traditional cuisine. Regarding the provisions relating to the protection regime for TGEs , it should be noted that Supreme Decree No. 170-2021-PCM (2021) designates the Peruvian State as the owner of the TGEs (Article 4), which means that it has the responsibility, in addition to registering, to guarantee the authenticity and suitability of the food product. It is permissible to argue that state ownership attaches to the preservation of the cultural value of TGEs as collective goods, in the sense that it is a right protected and guaranteed by the State in conditions of equity, equality and without discrimination for the enjoyment of citizens, preventing them from being improperly appropriated or distorted by private interests. In addition, this figure reinforces the State’s control over the registration or certification processes, ensuring that the products comply with the criteria established in the regulation. On the other hand, INDECOPI, as a state agency, is in charge of managing the registration of TSGs, through the Directorate of Distinctive Signs, which supervises the regulations for their correct compliance (Supreme Decree No. 170-2021-PCM, 2021, Articles 2.1, 2.4). Its work includes evaluating registration applications, verifying that the products comply with tradition requirements and ensuring that production processes follow traditional methods, among others. INDECOPI also acts as an intermediary to protect the rights of 734 CARLOS EDUARDO ARMAS MORALES
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