Pisco is one of the most important denominations of origin in Peru and its protection is the responsibility of the National Institute for the Defense of Competition and Intellectual Property (hereinafter "Indecopi"). In this sense, Indecopi is the public body responsible for authorizing and registering designations of origin in Peru and sanction its own initiative or upon request from offenses may be committed on it.
Because of the importance of this denomination of origin of Peru, in 2011, Indecopi authorized the National Association of Producers of Pisco to function as Regulatory Council in order to manage the Pisco´s denomination of origin.
Thus, the Control Board has mainly the following powers: (i) To monitor and control the production and marketing of products bearing the Designation of Origin Pisco; (ii) To act with powers to represent the general interests of the Designation of Origin Pisco; (iii) To establish and implement sanctions on its partners for breach of their status; among other.
Later, in 2011, Indecopi approved the Regulations of the Designation of Origin Pisco. By this regulation, the powers granted to the Regulatory Council expanded, being the most important, the following: (I) grant to producers records concerning the nature and quality of specific products of Pisco and (ii) to give producers the emblem identifying the Regulatory Council as administrator of the Designation of Origin Pisco in order to be printed on the packaging in which it is commercialized covered under that designation of origin.
It should be noted that currently, both procedures are not operational. Due to constant disagreements between the Indecopi and Regulatory Board. The lack of agreement revolves mainly in relation to the charge for the rights filed before the Regulatory Council.
As it was mentioned, the Regulatory Council is an association, in other words, it is a legal person of private law, so the Indecopi considers that it was not entitled to make charges for the procedures before it.
Thus, despite the adoption of the regulation of the Designation of Origin Pisco, most of the powers in relation to this designation are still concentrated in the Indecopi. In this regard, the regulatory body has been relegated to mere monitoring and reporting functions.
It is clear that the main objective of the creation of the Regulatory Council was to devolve powers possessed by the Indecopi and allow self-regulation on the protection of the Designation of Origin Pisco under the responsibility of the producers. As we can see this goal is still halfway.
While we are still halfway, it is worth to foreground the work of both institutions, which allowed the location and subsequent punishment of counterfeiters Designation of Origin Pisco, one of the greatest harms that Indecopi and Producers have to fight against. In this sense, both institutions are working on their disagreements in order to empower the Regulatory Council for the benefit of producers and consumers.
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