"Online piracy" is the practice of digitally downloading and distributing copyrighted content (eg, software, games, e-books, music and movies) without authorisation. Peru has a long history of IP piracy – it generates losses due to non-payment of royalties, counterfeiting and smuggling amounting to around $2 billion each year.
Protection against online piracy can be found in various Peruvian laws, including:
- the Anti-Piracy Law (No. 28289);
- Decision No. 486;
- the Copyright Law (No. 822);
- Decision No. 351; and
- the Criminal Code.
Further, the National Institute for the Defence of Competition and the Protection of Intellectual Property (Indecopi) helps to prevent online piracy by blocking websites and mobile and desktop apps through which acts allegedly infringing copyright and related legislation are carried out or facilitated.
If a Peruvian party notices that its content is being pirated online, it may initiate administrative or legal proceedings.
In order to initiate administrative proceedings, the party must file a complaint before Indecopi. Indecopi may order the cessation of the infringing acts, seizure, or the payment of compensation to the owner of the infringed right, among other things. Indecopi recently blocked several websites(1) through which a large number of musical phonograms were made available to the public without the authorisation of the owners, to the detriment of the music industry.
In order to initiate legal proceedings, the party must file a complaint with the High-Tech Crime Investigation Division of the Police Department. Infringing parties may be punished by imprisonment or fines as stipulated in article 219 of the Criminal Code.
For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 502 6467 or +51 635 0641) or email ([email protected]). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.
Endnotes
(1) Such websites included Foxmusica.me, Melodiavip.net, Foxmusica.site, Mp3juices-download-free.com, Fulltono.me and Fox-musicagratis.com.