Regulation and enforcement
Trends


Regulation and enforcement

What statutes, regulations and case law govern IP rights in your jurisdiction?
In Peru, trademarks and patents are governed by:

  • Decision 486 – Common Provisions of Industrial Property (Andean Community); and
  • Legislative Decree 1075 – Complementary Provisions to Decision 486 (Peru).

Copyright is governed by:

  • Decision 351 – Common Provisions of Copyright and Related Rights (Andean Community); and
  • Legislative Decree 822 – Copyright Law (Peru).

Are there restrictions on how IP rights may be enforced, licensed or otherwise transferred?
There are no restrictions in this respect.

Which authorities are responsible for granting, administering and enforcing IP rights in your jurisdiction?
The National Institute for the Defence of Competition and the Protection of Intellectual Property is responsible for granting, administering and enforcing IP rights in Peru.

What types of legal or administrative proceedings are available for enforcing IP rights in your jurisdiction?
The nullity action is available with respect to trademarks which have been registered by mistake.

What remedies are available in your jurisdiction to a party whose IP rights have been infringed?
The following remedies are available to parties whose IP rights have been infringed:

  • infringement actions;
  • oppositions against trademark applications;
  • border measures; and
  • unfair competition actions.

Does your jurisdiction participate in any IP protection treaties or other similar agreements?
Yes – the main IP protection treaties to which Peru is a party are:

  • the General Inter-American Convention for Trademark and Commercial Protection (the Washington Convention);
  • the Paris Convention for the Protection of Industrial Property;
  • the Patent Cooperation Treaty; and
  • the Berne Convention for the Protection of Literary and Artistic Works.

Trends

What do you consider to be the most significant IP developments to have taken place in your jurisdiction in recent years?
The most significant development has been the cancellation of the official fees for the filing of collective trademarks.

What are the major IP developments currently unfolding in your jurisdiction?
There are no major IP developments currently unfolding in Peru.

What are your hopes and expectations for the IP landscape in your jurisdiction in the coming years?
It is hoped that IP rights holders in Peru will be able to file cancellation actions against trade names, a procedure which has been accepted in other Andean Community countries.

For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 502 6467 or +51 628 1238) or email ([email protected]). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.