Gastronomy Law

related to intangible cultural heritage (traditional cuisine), the adoption of TSGs still faces challenges in terms of recognition and scope. Compared to the EU system, the latter is more structured and reliable than the Peruvian model (with four years of issuance); In addition, the EU system stands out for its broad approach, as it not only protects traditional methods and recipes, but also actively promotes rural development, market competitiveness and transparency for consumers. -The EU regulation on TSGs does not constitute industrial property, it simply grants the right to use the name of the product by mentioning it on the label, food menu, etc., consequently the disadvantage is that its protection has less legal power than the PDOs and PGIs, which are considered as elements of industrial property. On the other hand, the Peruvian and Ecuadorian regulations do consider TSGs as elements of industrial property, being that; in the Peruvian case the institute of property, according to the Peruvian Civil Code (1984): is the legal power to use, enjoy, dispose of and claim a good (Article 923), and this is the regulation that applies to every element of industrial property, of course, safeguarding the relevance of the special legal nature of distinctive signs. -The DOP and IGP, both signs regulated by industrial property, are those products whose quality, characteristic and quality are due to the geographical environment with its factors and whose production, transformation and preparation are always carried out in the delimited geographical area from which they take their name and cannot be processed and produced elsewhere, unless it contravenes the law. On the other hand, TSGs, the agricultural and food product, in terms of its quality and characteristics, do not depend on a delimited geographical area, but rather on what is traditional, both in the raw material or ingredients, as well as its composition, preparation and transformation, but it can be produced, transformed and marketed etc. in any geographical area by any operator who only complies with the corresponding specifications. This is why, although the number of ETGs registered in the EU is much higher than in other latitudes (minuscule in Latin America), they have not managed to develop their potential, which suggests that there must be improvements or adjustments to make them more attractive in the markets. This is an issue that ETG legislators in Peru and Ecuador must appreciate and evaluate. -In addition to the above, the registration of the name of an TSG in Peru does not exclude that any person 8may use said name to refer to the food preparation 8 Any person: the Peruvian standard prescribes this, in the case of the EU Regulation it indicates “any operator” 751 LEGALITY AND GASTRONOMIC REGULATION OF TRADITIONAL SPECIALTIES GUARANTEED

RkJQdWJsaXNoZXIy MTE4NzM5Nw==