TK IN PERU Law 27811. August 2002. TK derived from biological resources. To protect TK. Guarantee...

TK IN PERUTK 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.

TK IN PERUTK IN PERU

Public Registry. Public domain.

•Confidential Registry.

•License contract.

•Administrative procedure for infringement.

•Precautionary measures.

•Fines.

TK IN PERUTK IN PERU

•Public Registry, 219 registrations in database. 5000 coming.

•Confidential Registry, 2 registrations granted, 25 applications.

•No infringement filed.

•No license contract registered.

TK IN PERUTK IN PERU

• Evaluation. Time.

Appellations of OriginAppellations 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).

Appellations of OriginAppellations of Origin

• Definition problem. Geographical environment.

• GIs adition.

•The social expectations :Inclusion,Short term benefits, commercial success.

Appellations of OriginAppellations of Origin

•Lisbon Agreement.

•Pisco. 21 countries. One year three months.

• Flexible mechanisms.

•An intermediate station.

TK & AOTK & AO

• The scope of TK.

• The scope of AO.

Traditional KnowledgeTraditional Knowledge

Several Several

Several KNOW-HOW

Appellation of OriginAppellation of Origin

KNOW-HOWGeographical

name

Environment Product

The apparent interfaceThe apparent interface

KNOW-HOW

TK not AO

AO, know-how not TK

Know-how TK+AO

TK & AOTK & 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?.

El INDECOPIagradece su atención y

participación.