Legal framework
Border measures
Enforcement
Anti-counterfeiting online
Preventative measures and strategies
What is the legal framework for anti-counterfeiting in Peru?
The legal framework for anti-counterfeiting in Peru comprises:
- Legislative Decree 635 (for criminal procedures); and
- Legislative Decree 1075 (regarding the administrative procedures against IP rights infringement).
Is Peru a signatory to any international IP instruments which govern anti-counterfeit measures?
Peru is a signatory to Andean Community Decision 486.
What statutory instruments regulate border measures in Peru?
Legislative Decree 1092 regulates border measures in Peru.
What processes exist for customs' seizure of counterfeit goods in Peru?
The first step is an infringement action, which can be initiated during the administrative stage at the Intellectual Property Office. In this action, the party that initiates the action can request precautionary measures such as:
- an inspection visit; and
- the confiscation of counterfeit products.
What civil and criminal measures exist to prevent counterfeiting in Peru?
Parties affected by counterfeiting can initiate a criminal complaint at the Criminal Court that specialises in customs crimes. It is also possible to file a lawsuit for damages as a civil measure.
What requirements exist for filing civil and criminal measures to prevent counterfeiting in Peru?
Parties must provide supporting evidence to prove that counterfeiting has occurred.
What provisions exist regarding the prevention of anti-counterfeiting online in Peru?
There are no special provisions regarding the prevention of anti-counterfeiting online.
How do online counterfeiting cases differ from traditional counterfeiting cases in Peru?
There is no difference between online counterfeiting cases and traditional counterfeiting cases.
Preventative measures and strategies
What counterfeit prevention measures or strategies should rights holders take in Peru?
It is recommended that rights holders voluntarily register their trademarks with the Customs Office. This means that if a counterfeit product enters Peru, the Customs Office can initiate the appropriate actions.
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.