The Peru brand would only be duly registered in 45 countries in the world due to global legislation problems
If you are an entrepreneur and wish to use the Peru Brand to export your products or services, for institutional use or for event use; You only need to submit an application to Promperú. The requirement is that "at least 50% of the cost of selling the product is of Peruvian origin."
The use of the Peru Brand is not only exclusively for Peruvian companies. They can also be used by foreign companies (not incorporated in Peru) that promote Peru or market products that meet the requirements and definition of Peruvian products.
Luis Diez Canseco, principal partner of Diez Canseco Competence & PI and promoter of the registration of the Peru brand since 2014, explains that the country sign “is an umbrella sign” used mainly in Latin American countries. "Its objective is to give an opinion on the country to promote exports and investments," he says.
“A brand is a trademark like the brand of a product. Countries do not have a brand, they have signs and Peru has opted for the country sign, which here is called the country brand. It is called Marca Peru for marketing purposes, but technically it is a country sign, ”explains Diez Canseco.
But is the use of the Peru brand protected in the world? Is the Peru Brand legally defended in other countries to those who use it unscrupulously?
“I know that [the country brand] is protected in almost 45 countries, mainly in Latin America (...) What gives you the right to a brand is the exclusivity of the use. If I don't have it protected, anyone can use it freely without complying with any quality standards. That is the risk, ”explains Ray Meloni, director of Different Signs at Indecopi.
Gestión.pe tried to contact Promperú, the entity in charge of registering the Peru brand in the world, to find out in which countries this country sign is registered. However, at the end of this note, he received no response.
The United States does not recognize the Peru Brand
Jorge Chávarro, vice president of the Inter-American Association of Intellectual Property (Asipi), spoke with Gestión.pe and explained that currently the only rule in the world that allows to protect the name of a country is Article 6ter of the Paris Convention, a document signed in 1883.
“Developed countries have said that a country sign must be protected in this way. However, when one really goes to try to protect it, one finds tremendous difficulties because that rule is approximately 125 years old and has not been written up to the reality of the moment. That's why the application is so difficult, ”says Chávarro.
"The country brand is an institution that comes from marketing and must be around 20 years old. The Paris agreement is for state emblems and the country sign is not a state emblem. It is a recent institution," adds Ray Meloni, from Indecopi.
In that sense, Jorge Chávarro, of Asipi, comments that Peru deposited the Peru Brand with the World Intellectual Property Organization (Ompi) in order to protect it in the more than 180 member countries. However, the United States observed it and declined to recognize it.
“The government of the United States rejected it because it considered that it did not meet all the requirements (of the Paris Convention). Then, you have to go country by country to register [the Peru Brand]. If there are approximately 200 countries, for which you have to pay official fees in each of the 45 classes. If you want to protect [the Peru Brand] the cost is growing a lot, ”says Chávarro.
“The United States, as a policy, does not recognize the names of countries as signs for commercial purposes. They believe that the Peru country sign is a trade name, but it is not, ”complements Luis Diez Canseco.
Therefore, to achieve the registration of the Peru Brand in the world and that it is not used in an unscrupulous way for products or services that do not have the necessary quality, the Peruvian Government has begun the negotiations before the Ompi to design an international convention " that is very clear and precise to the needs of the twelfth century. "
“Peru presents the proposal to the Ompi in January and Asipi, as an organization, has endorsed it and gives it support. We made the political decision to support that. ASIPI bets on Peru because we are convinced that it is worth it. International intellectual property conventions are born in the Ompi, which meets in Geneva, ”explains Jorge Chávarro.
An arduous task through Indecopi
Ray Meloni, from Indecopi, points out that the initiative that the Peruvian State has been working on, led by Indecopi, seeks to establish a special procedure to protect the country brand "in a simple, effective and economical way with international character.
“Aware of the great value of the country brand and its sui generis nature, it is not intended to be a trademark, since it does not apply to a specific product or service of a particular company, it is that Peru has come developing a series of initiatives internationally, ”says Meloni.
He explains that other countries have chosen to protect these distinctive signs as trademarks. "However, such registration provides limited protection and demands a considerable budget in the defense and enforcement of exclusive rights."
Thus, Peru has begun a long way before the Ompi that could end up in a new convention that allows the registration of the brands of countries around the world in an appropriate manner. This could take at least two years.
"What we are doing is to present a questionnaire to the Ompi, with which we want countries to respond if they have a country brand, if they use a country brand. Then if they use a country brand, and if they have a legal protection system of the country brand, what is the protection and if they would like to have a multilateral protection system, "explains Meloni.
In the Ompi session held yesterday, which was attended by the Peruvian delegation backed by Asipi, this questionnaire proposed by Peru was approved, which will proceed to conduct the survey to each of the member countries.
“Once the countries respond, we will tabulate the results and if we get positive results, we will present a proposal for country brand regulation. We believe that the results will be auspicious, ”says the representative of Indecopi.
Meloni argues that the Peruvian delegation is being cautious, because decisions in WIPO are taken by consensus, which seeks to have a majority in favor of the Peruvian position to achieve regulation in the future.
Thus, although Peru Brand has achieved an important position in the world; there are still pending challenges to achieve their protection and avoid their unscrupulous use in the world through products that do not have the quality that the sign guarantees.