Introduction

Purchasing decisions are no longer made only in front of a traditional seller. Today, much of the consumer experience takes place through platforms, applications and digital interfaces designed to influence user behavior.

In this context, Legislative Decree No. 1729 introduces relevant amendments to Peru’s Consumer Protection and Defense Code, focusing on the handling of consumer claims involving foreign providers and on the sanctioning of coercive commercial practices in e-commerce, including so-called dark patterns.

What is the purpose of Legislative Decree No. 1729?

The rule seeks to strengthen consumer protection in digital transactions. One of its main contributions is requiring foreign providers that offer goods or services through platforms, applications or other e-commerce mechanisms to maintain an operational consumer service channel.

This channel must allow consumers to submit inquiries, claims, suggestions, changes or return requests. This is particularly relevant to avoid situations in which Peruvian consumers are left without an effective communication mechanism when dealing with providers not domiciled in the country.

Dark patterns as coercive commercial practices

Legislative Decree No. 1729 expressly recognizes dark patterns as coercive commercial practices in e-commerce. These are design strategies that manipulate, condition or interfere with users’ decisions for the benefit of the provider.

The amendment is significant because such practices do not necessarily involve false information. Even so, they may affect consumer autonomy by making it harder for users to make free and informed decisions.

Common examples of dark patterns

Frequent examples include preselected checkboxes for insurance or complementary services during the purchase process, forcing consumers to actively opt out of options they did not request.

Another example is the use of obstacles to cancel subscriptions: some platforms make it possible to subscribe with one click, but require several complex steps to cancel the service.

False urgency or scarcity is also common, through messages such as “only one item left” or “offer valid for a few minutes”, when no real limitation exists and the purpose is to pressure the consumer into a faster decision.

Key alerts for e-commerce companies

For companies operating or planning to operate in e-commerce in Peru, this regulatory amendment is a clear reminder: digital interaction mechanisms with consumers should be reviewed from a compliance perspective.

A preventive review can help identify regulatory risks, adjust purchasing flows, improve customer service procedures and ensure that the digital experience is aligned with Peru’s consumer protection framework.

Download the full commentary

The commentary prepared by Diana Meza provides a more detailed analysis of Legislative Decree No. 1729 and its implications for foreign providers and e-commerce platforms.

We invite you to download the full PDF to learn more about the legal scope of this recent amendment and the practical measures companies should consider.

Domain names and trademarks: protecting digital identity

Domain names and trademarks play an increasingly important role in how companies, professionals, and organizations build their digital identity. In a market where online presence is essential to economic activity, a domain name is no longer just a technical address: it can also become an asset that identifies, differentiates, and positions a brand before consumers.

In his article “Defining digital identity: the intersection of domain names and IP”, Manuel Fernandez-Stoll Zar, attorney at Estudio Colmenares & Asociados, analyzes the legal nature of domain names and their relationship with intellectual property, especially when they come into conflict with registered trademarks.

Why domain names matter for trademarks

The growth of the Internet turned domain names into essential identifiers in the digital marketplace. Through the DNS system, numerical IP addresses can be translated into easy-to-remember names, allowing users to locate websites in a simple and efficient way.

However, their importance goes beyond their technical function. A domain name can communicate a company name, its activity, its products or services, and even generate advertising value. For this reason, in many cases it acts as a differentiating element similar to other distinctive signs.

A dual nature: technical and legal

The article explains that domain names have a dual nature. On the one hand, they are electronic addresses that make it possible to locate resources on the Internet. On the other hand, they can perform a distinctive function in the market by identifying the owner of a website and the products or services offered through it.

From this perspective, domain names may be understood as “atypical” distinctive signs. Although registering a domain name does not necessarily grant an exclusive right equivalent to a trademark, it can still perform identification, differentiation, advertising, and goodwill functions in the digital environment.

Conflicts between domain names and trademarks

One of the main risks arises when a domain name incorporates a third party’s trademark. This practice may confuse consumers, affect the reputation of the trademark owner, or take unfair advantage of the brand’s market position.

In certain cases, the registration or use of a domain name may be considered unfair competition if it affects another party’s trademark rights. Therefore, choosing a domain name should be assessed not only from a commercial or technical perspective, but also from a legal standpoint.

Types of domains to keep in mind

The analysis also distinguishes between top-level domains, such as territorial or geographic domains —for example “.pe”— and generic domains, such as “.com”, “.org”, or “.edu”. It also explains second-level domain names, which usually constitute the most distinctive part of a web address, and third-level domain names or subdomains.

This classification is important because it helps explain how a web address is structured and why certain elements of a domain name may carry greater legal and commercial relevance.

Essential reading for digitally active companies

In a globalized, competitive, and increasingly digital environment, protecting online identity requires careful attention to the relationship between domain names and trademarks. Registering a domain name without prior legal review may lead to disputes, reputational risks, or intellectual property claims.

The full article explores in greater depth the origin of the DNS system, the concept of domain names, their legal nature, their classification levels, and the main conclusions regarding their role as atypical distinctive signs in the digital marketplace.

Traditional Specialities Guaranteed in Peru: a route to promote gastronomic tourism

Traditional Specialities Guaranteed in Peru offer a specialized intellectual property tool with significant potential to protect traditional recipes, preserve culinary heritage and strengthen the country’s position as a leading gastronomic tourism destination.

Unlike appellations of origin or geographical indications, this figure does not focus on where a food product is made. Instead, it protects the traditional recipe, composition or production method. This makes it possible to recognize the cultural value of a preparation while allowing any producer who complies with the approved specification to use the protected designation.

What are Traditional Specialities Guaranteed?

Traditional Specialities Guaranteed, or TSGs, identify agricultural or food products with specific characteristics derived from a traditional recipe, composition or method of production. Their main purpose is to preserve culinary knowledge passed down through generations and provide consumers with a clear sign of authenticity.

Under the Peruvian regime, a culinary practice may be considered traditional when it has been used for at least 20 years. The product must also be clearly distinguishable from similar preparations based on its ingredients, composition, organoleptic characteristics or production process.

A strategic opportunity for Peruvian gastronomy

Peruvian gastronomy is one of the country’s most valuable cultural assets. In this context, TSGs can help transform traditional recipes into economic assets without separating them from their cultural roots. Their recognition can create added value, support fair competition among producers and reinforce the identity of the communities linked to each preparation.

In his article, Gino Piaggio explains how this figure can also contribute to local development, especially when aligned with tourism strategies, gastronomic fairs, culinary routes and cultural promotion initiatives.

Progress of the TSG system in Peru

Peru has already started recognizing several traditional specialities. The examples mentioned include:

• Anise bread from Concepción, the first TSG granted in Peru.
• Huancaína potato according to the Huancayo tradition.
• Ocopa from Arequipa.
• “Sopa de novios” according to the Cura Mori tradition.
• Butter rings from Cajamarca.
• Prestiños from Huánuco.
• Chacayano bread or Usa Tanta.

These recognitions show how traditional recipes can be protected through intellectual property while also becoming tools for tourism promotion and regional development.

Economic and tourism impact

Gastronomic tourism continues to grow as travelers seek authentic experiences connected to the culinary culture of the places they visit. In this scenario, TSGs can help build gastronomic routes that connect producing communities, traditional restaurants, local markets and culinary events.

Official recognition not only communicates quality and authenticity. It can also increase demand for local inputs, strengthen the transmission of culinary knowledge and create new opportunities for producers, cooks and regional businesses.

Challenges and outlook

Although the TSG regime in Peru is still recent, its development faces important challenges. These include the need for greater awareness among producers and communities, the creation of organized associations to promote registration applications, and stronger coordination with tourism and rural development policies.

Strengthening this system, together with a future Andean regulatory framework, could expand the protection of traditional recipes and enhance the international projection of Peruvian and regional gastronomy.

Download the full article

To read the full analysis of the legal framework, the TSGs recognized in Peru, comparative experiences and the potential of this figure as a tool for tourism and economic development, download the PDF published by Gino Piaggio, lawyer at Estudio Colmenares & Asociados.

Registration of Weak and Evocative Trademarks

This article analyzes how weak and evocative trademarks can be protected under Peruvian and Andean Community law, even when they are not explicitly listed in legislation. It outlines the distinctions between descriptive, generic, evocative, and weak marks, and reviews key case law on their registrability.

Download the full article to understand the legal basis for registering and defending less distinctive trademarks.

Protection of Geographical Indications in Peru

This article offers an in-depth look at how Peru’s legal framework recognizes and protects geographical indications (GIs), including both national and international appellations of origin and collective trademarks. It examines relevant laws, treaties, and case studies, as well as the economic value that GI protection brings to local producers.

Download the full article to explore how GIs support local economies and safeguard origin-based product identity.

Should we patent it or keep it a secret?

Ariana Gayoso Echevarria of Estudio Colmenares & Asociados evaluates the protection secured through patents compared to trade secrets and offers examples of when each is beneficial.

Download the full article (in English) published in the 2023 GLOBAL IP DIRECTORY

The entrepreneur during pandemic times

Luis Gayoso Frayssinet, Managing Partner of Estudio Colmenares & Associados, discusses the increased use of e-commerce in Peru as a result of the  pandemic.

Download the full article published in the 2021 GLOBAL IP DIRECTORY