Effective protective appellation of origin in Peru


Alain C. Delion and Marcos Fernández-Dávila

The first instance administrative court had agreed with the nullity action of the trademark, but the second instance changed this verdict because it does not make sense to annul a trademark which is also an appellation of origin, even if it is stipulated in the IP law.

An appellation of origin is a special kind of geographical indication used on products which have a specific quality or characteristics that are essentially due to the geographical environment in which they are produced. These special characteristics imbue these products with a unique and distinctive quality.

In spite of the fact they are not distinctive signs in the strict sense, they generate rights, and the use of the appellation by any other marketer is prohibited.

In other words, an appellation of origin is not a mark but it generates rights in accordance with international treaties and national laws of each country and it is used to legally protect products that are manufactured in a given area against producers from other places who would take advantage of the good name that the originals have.

trademark, appellation, Peru, INDECOPI