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Protecting Traditional Knowledge and Appellations of Origin in Peru

The Law 27811, enacted in August 2002 in Peru, aims to safeguard Traditional Knowledge (TK) derived from biological resources. Key provisions include guaranteeing prior informed consent, promoting fair distribution of benefits, and establishing public and confidential registries for TK. As of September 2023, the public registry includes 219 records, while the confidential registry has granted 2 registrations. The law also facilitates the registration of Appellations of Origin (AO), like Pisco, with emphasis on the socio-economic benefits of TK in promoting commercial success and inclusion of indigenous knowledge.

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Protecting Traditional Knowledge and Appellations of Origin in Peru

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  1. TK IN PERU • Law 27811. August 2002. • TK derived from biological resources. • To protect TK. • Guarantee prior inform consent. • Promote fair distribution of benefits. • TK prior art patent examination.

  2. TK IN PERU Public Registry. Public domain. • Confidential Registry. • License contract. • Administrative procedure for infringement. • Precautionary measures. • Fines.

  3. TK IN PERU • Public Registry, 219 registrations in database. 5000 coming. • Confidential Registry, 2 registrations granted, 25 applications. • No infringement filed. • No license contract registered.

  4. TK IN PERU • Evaluation. Time.

  5. Appellations of Origin • Pisco until 2005. • Maiz Gigante Blanco Cusco, September 2005. (Corn) • Chulucanas, July 2006.(Ceramics) • Filed “Chirimoya Cumbe” (Fruit), and, “Pallares de Ica” (similar beans).

  6. Appellations of Origin • Definition problem. Geographical environment. • GIs adition. • The social expectations :Inclusion,Short term benefits, commercial success.

  7. Appellations of Origin • Lisbon Agreement. • Pisco. 21 countries. One year three months. • Flexible mechanisms. • An intermediate station.

  8. TK & AO • The scope of TK. • The scope of AO.

  9. Traditional Knowledge

  10. Appellation of Origin

  11. The apparent interface KNOW-HOW

  12. TK not AO Know-how TK+AO AO, know-how not TK

  13. TK & AO • The object. • The tittle holder. • Know how: element and object. • The collective entity: TK & AO. • Ownership coincidence. • AO: Tool for competion. • TK : Tool for competition?.

  14. El INDECOPIagradece su atención y participación.

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