Gastronomy Law

other relevant characteristics. These characteristics must support the specificity of the product compared to other similar products. (Article 8.3) • Method of manufacture. Include a complete explanation of the manufacturing or production process of the product. This description must specify, if applicable, the nature and characteristics of the raw materials or ingredients used in its manufacture. (Article 8.4) Regarding the examination of form and publication , opposition, impediments, registration decision and other matters, Supreme Decree No. 170-2021-PCM (2021) states that once the aforementioned requirements have been submitted to the Directorate (INDECOPI), the application is reviewed within a period of five business days to verify compliance with the requirements. If there are observations, a period of fifteen business days is granted to correct them. Once this form examination has been passed, the application is published in the INDECOPÏ Electronic Gazette of Industrial Property (Article 11). In the event of opposition to the registration application, it can be opposed within a period of 10 business days of publication. In this case, the applicant has 10 business days to respond to the opposition (Article 12). Those that do not comply with the definition (section 2 of article 2 of the regulations) or are contrary to public order or likely to affect intellectual property rights or collective knowledge of indigenous peoples linked to biological resources are excluded or prevented from being declared ETG (Article 13). If no objections are filed, the Directorate (INDECOPI) decides to grant or deny registration. Registration has an indefinite duration as long as the conditions that motivated it are maintained, since it can be modified and extinguished (Article 14). In addition, it is provided that registered ETGs are officially published, guaranteeing access to the specifications by electronic means (Article 15). In the case of ETGs protected in third countries, the Peruvian State, through the Directorate (INDECOPI), can protect said foreign ETGs subject to reciprocal treatment based on international cooperation ( custom of one State granting another similar treatment to that received from it); or the provision of an agreement to which Peru is a party. Such protection is always conditional on the fact that these TSGs must have been declared as such in the countries of origin (Article 16). Supreme Decree No. 170-2021-PCM (2021), states in the last chapter: on the use and protection of TSGs , as well as the infringement procedure. So when food preparations are marketed as TSGs, it must be done in accordance with the applicable specifications, that is, the current one, since it could have been modified. The following may also be used on the label, along with the name 736 CARLOS EDUARDO ARMAS MORALES

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