First TSG Registration in Peru

The first “Traditional Specialty Guaranteed” (TSG) registered in Peru already has a name: PAN DE ANÍS DE CONCEPCIÓN (ANISEED BREAD OF CONCEPCIÓN). 

On March 21, 2023, the Association Network of Artisan Bread Producers of Concepción together with interested persons, namely, the promoter of said association, artisan bakeries and chefs of the department of Junín, filed with the Regional Office of INDECOPI (ORI) in said department, the application for registration as Traditional Specialty Guaranteed of the food preparation called PAN DE ANÍS DE CONCEPCIÓN (ANISEED BREAD OF CONCEPCIÓN). 

Upon the formal analysis of the application, processed under File No. 12677-2023, the same was published in the Electronic Gazette of Industrial Property on March 23, 2023, so that interested third parties could become aware of the application for the purpose of possible oppositions. 

No oppositions were filed by third parties within the term established by law (10 working days following the date of publication), so the Head Office of Distinctive Signs of INDECOPI proceeded to carry out, ex-officio, the substantive examination of the application. 

In this way, by Resolution No. 13299-2023 dated May 30, the Head Office of Distinctive Signs ordered to REGISTER as TSG the food preparation called PAN DE ANÍS DE CONCEPCIÓN (ANISEED BREAD OF CONCEPCIÓN), thus inaugurating the Registration of Traditional Specialty Guaranteed of the Industrial Property in our country.  

The referred resolution also recognizes the traditional character of the traditional food preparation subject of registration, which is described as follows: “it has a round shape with an approximate diameter of 10 cm and about 3.5 high; approximately 60 grams of weight; neutral and brown shades; its presentation is in two covers (one bread on top of the other), it has aniseed grains on top; it has neutral flavor (between sweet and salty); the texture is crunchy on the outside and soft inside, it has aniseed aroma.” 

In the analysis, the Head Office of Distinctive Signs considers that that documents submitted in support of the application demonstrate that PAN DE ANÍS DE CONCEPCIÓN (ANISEED BREAD OF CONCEPCIÓN) is a food preparation that has certain particularities, appreciated and widespread, which are attributed not only to a traditional practice of the product’s elaboration but also to the continued use of certain ingredients, giving rise to a bakery product whose name (PAN DE ANÍS DE CONCEPCIÓN -ANISEED BREAD OF CONCEPCIÓN-) is connected to the province of CONCEPCIÓN, in the department of Junín, for about 32 years. 

Thus, the Head Office of Distinctive Signs concludes that the name of the food preparation PAN DE ANÍS DE CONCEPCIÓN (ANISEED BREAD OF CONCEPCIÓN) complies with each of the requirements for its registration, established in Supreme Decree No. 170-2021-PCM (Regulations of the Regime for the Protection of Traditional Specialties Guaranteed and the Regime of Geographical Indications), and does not fall within the registration impediments, indicated in Article 13 of the referred rule. Said impediments are the following: 

a)      Do not comply with the definition contained in numeral 2.5 of Article 2 of the Regulations (i.e.: “Name that identifies a food preparation intended to human consumption that has specific characteristics that clearly distinguish it from other food preparations belonging to the same category, due to the fact that they have been made from traditional raw materials or ingredients or that it is the result of a traditional composition, preparation, production or transformation”);

b)      Are contrary to public order;

c)      Are susceptible of affecting a previously protected or registered intellectual property right; 

d)      Are or affect collective knowledge of the indigenous peoples linked to biological resources, protected under Law No. 27811, which establishes the regime of protection of the collective knowledge of the indigenous peoples linked to biological resources. 

In this sense, the registration of the Traditional Specialty Guaranteed PAN DE ANÍS DE CONCEPCIÓN (ANISEED BREAD OF CONCEPCIÓN) is granted and, in accordance with Article 4 of the Regulations, the ownership belongs to the Peruvian State. 

As a consequence of the registration, only those that comply with the traditional recipe of PAN DE ANÍS DE CONCEPCIÓN (ANISEED BREAD OF CONCEPCIÓN), according to the Set of Conditions submitted in support of the application for registration, will be allowed to use said denomination together with the mention “Traditional Specialty Guaranteed” or with the acronym “TSG”. 

Undoubtedly, the registration of this first TSG will serve not only to protect a traditional method of elaboration of a food product with deep roots in the central zone of our country but will also serve to encourage the gastronomic tourism in that zone.