1. The message we want to convey

"Nothing will ever be the same again" is heard. Any? People have countless questions about how they are going to interact socially from now on, and even more so in the economic circuit. In the age of information and misinformation, the public is faced with a sea of ​​often contradictory warnings and advice on what to do, what not to do, who to trust, what sources to listen to, etc.

The truth is that society will adopt a new culture of habits based on hygiene and distancing. The question is: how will it happen in the medium term with the productive sectors whose work is based on the attendance of people? We are talking about sectors such as tourism and cultural and entertainment events.

The economy is facing a new challenge since the coronavirus pandemic. Many companies have made changes in their business activities, for example from selling food in establishments, they have become basic product warehouses or have limited and enhanced their delivery services. Others have opted to carry out social responsibility actions in times of crisis, which allows them to maintain or gain a better reputation with their consuming public and competitors from whom they are going to differentiate themselves.

However, what is a challenge for companies is to give security to the user or consumer of the following message: "I comply with all precautions to avoid the spread of covid 19", which does not necessarily have to be literal, because the more information The public receives it, it is more complex to process it, and in these times where everything has been digitized, we are fully saturated with information and the task of each person is to filter or select what is of interest to them.

The most important thing is, without a doubt, to transmit this message in a punctual and powerful way to reach the receiver and convince him of its veracity. The ideal way to package this message is through a certification trademark, which we will explain below.

2. The certification trademark, an intellectual property tool

The legal system that rewards creativity is Intellectual Property, by recognizing the creators or owners of immaterial creations, a revenue for their economic exploitation; and thus, to be able to encourage them to continue creating and innovating. Said creations protected by Intellectual Property can be classified mainly into: 1) inventions that are new; 2) original works; and, 3) distinctive signs. The intellectual property rights on these creations in a company can be considered intangible assets of great value.

Distinctive signs are the most important communication instruments for the link between the entrepreneur and his users or clients; in particular, trade marks allow a product or service to be differentiated in the market (distinctiveness); identifying them with the company that produces and/or offers it (business origin); and, they are a vehicle of reputation (goodwill) that make it possible to induce the purchase or contracting (advertising function).

Within the range of distinctive signs we find the trademark, which is one of the most popular intellectual property tools, but there are also trade names and slogans, geographical indications, collective trademarks and, of course: the certification trademark. , which we care to highlight now. Likewise, these elements of intellectual property, with the exception of geographical indications, can be registered before the competent authority, at the request of a person or group of persons; and can be licensed or assigned by the owner of the distinctive sign to another person interested in using it.

Certification trademarks are used to inform consumers that certain characteristics of products or services are guaranteed under certain standards, norms or procedures, or certificates.[1]

In this way, the certification trademarks serve to certify that the company complies with the Covid 19 prevention protocols corresponding to its sector or even that it complies with even more rigorous protocols than those required for its sector.

3. Who can be the owner of a certification trademark and who can use it

A company, institution, whether public or private, or in a state, regional or international organization, which has previously obtained the registration of certification,the same and that is responsible for certifying the characteristics of the products or services in question. A natural person may not be the owner of the certification trademark.

Since it is in the owner's interest that the certification trademark is not discredited, it must establish and put into practice the quality control and verification measures of the mark whose use it authorizes; as well as control compliance with the conditions established in the regulations of use by those third parties who have been authorized to use it. In this way it will be possible to standardize and guarantee certain aspects related to products and services, including their preparation and marketing.

Examples of certification trademarks registered with Indecopi:

Safe company

The Ministry of Women and Vulnerable Populations registered the certification trademark “SAFE COMPANY FREE OF VIOLENCE AND DISCRIMINATION AGAINST WOMEN” for companies that show good practices in their business management aimed at promoting equality and non-violence against women within their organizations and in the surrounding community, as part of social responsibility.

The Penitentiary Institute (INPE) registered the certification trademark “CÁRCELES PRODUCTIVAS” for products made by prisoners in their workshops, in order to contribute to the rehabilitation of inmates.

Unlike other distinctive signs, in the case of certification trademarks, this may not be used by the owner of the same for products or services produced or provided by him, but he must grant a license to third parties who request the use of it and comply with the conditions and characteristics established in the respective regulation of use.

Certification trademarks can only be used in accordance with defined standards, for example, ISO standards, and can be used by anyone who complies with the standards defined by the owner of the mark and agrees to the terms and conditions for their use. .

4. How to obtain the registration of a certification mark

Decision 486 of the Andean Community, in its articles 185 to 189, establishes the legal framework for certification trademarks; and its operation is based on contractual and regulatory relationships between the owner of the trademark and the licensees, who must submit to the requirements imposed by the owner.

Every certification trademark must have a regulation of use for its registration and consequent protection.

The regulation of use is the technical document prepared by the owner of the mark, in which the conditions and characteristics[2] that are seeking to certify or guarantee with the certification trademark are specified. Said regulation must contain at least the following:

Preparation or production conditions: These are the technical aspects of the production or preparation processes and control of the product or the provision of the service.

Conditions of use of the brand: The products or services with respect to which the brand may be used are specified, as well as the aspects related to the use of the brand such as design, size, colors, location, and use together with own brands of authorized third parties, among other aspects).

Supervision, control and sanctions: In order for the owner to grant a license to use the trademark in favor of the third party, it must assess whether the interested party is in a position to comply with the requirements established in the regulations for the use of the trademark; even after the granting, the supervision and control activities must continue to verify that the conditions established in the regulation are being fulfilled.

Establishment of sanctions: The sanctions may be established gradually depending on the seriousness and effects of the non-compliance in question, they may vary from a reprimand to the temporary or definitive suspension of the use of the certification trademark. Improper use of the trademark could cause the loss of prestige of the same in the market by being applied to products with characteristics different from those of the trademark and that is already expected by consumers when purchasing the products that bear it.

5. Sanitary protocols in Peru

The Peruvian state approved[3] the gradual and progressive resumption of economic activities within the framework of the declaration of a National Sanitary Emergency due to the serious circumstances that affect the life of the Nation as a result of COVID -19, with the strategy called: "Resumption of Activities", which consists of 4 phases for its implementation in different sectors, such as Mining and industry, Construction, Commerce, Tourism Services, among others.

Each sector has published protocols such as: in restaurants[4] and categorized hotels[5].

6. Creation of certification trade marks to reactivate trade in Peru

The main legal requirement to constitute a mark is that it can be represented graphically and be able to distinguish products or services in the market (enjoy distinctiveness), this means that it does not is composed solely of descriptive, generic or usual signs and that its use in commerce does not affect the intellectual property or image rights of a third party (Articles 134, 135 and 136 Decision 486). In addition, the certification trademark may be made up of any element that identifies the product to which it is applied as originating from a specific geographical place, when a certain quality, reputation, or another characteristic of the product is fundamentally attributable to its geographical origin (Article 80 Decree Legislative 1075).

It is recommended that the certification trademarks created by the institutions that promote the productive sectors are composed of denominative and figurative elements, mainly, that can fulfill the advertising purposes of the distinctive signs, which will require the work of creative professionals.

In the Virtual Conference Certification Trademarks in times of COVID-19 dated May 25, 2020, Nikolai Martinez, Specialist of the Distinctive Signs Directorate of Indecopi, suggests as possible holders of certification trademark:

• Ministry of Health
• Ministry of Foreign Trade and Tourism
• Ministry of Production
• Regional Governments
• Provincial and District Municipalities
• NOW PERU (Peruvian Association of Hotels, Restaurants and Related)
• ASPA (Peruvian Association of Bakery and Pastry Entrepreneurs)
• ACCEP (Association of Shopping Centers and Entertainment of Peru)
• ABP (Association of Winemakers of Peru
• ADEX (Association of Exporters)
• Chambers of Commerce
• ITP

To this tentative list we can also add those referring to organizers or producers of events, such as the Peruvian Association for the Production of Events and Shows (APPEVE).For

example, the chambers of commerce or associations can create a certification trademark to boost the items which represent.

On the other hand, it must be understood that the creation of the brand must not only be a repetition of the official protocol issued by the Peruvian Government since this entails its own regulations but must also be closely linked to the activity of advertising and information dissemination. of the company, so that consumers and the user public can link it.

In conclusion, the certification trademark tool is an undoubted opportunity so that, in an organized manner, together with the advertising activity of the business associations or guilds severely affected by the pandemic, it can be exploited to give the public confidence in compliance with the health measures and quality of services.