Background
Processing term amendments
Comment
After Peru stabilised in the aftermath of the covid-19 pandemic, 2022 brought a lot of important jurisprudence to consider in the field of intellectual property. This article discusses some important amendments that have taken place with respect to the processing time stipulated for certain administrative procedures relating to the registration, renewal and protection of trademarks, among other things.
On 21 June 2022, through Law No. 31497, Congress amended several articles of Legislative Decree No. 1075. The amendments approved various measures for the application of Andean Community Decision No. 486.
Subsequently, on 30 October 2022, the National Institute of the Defence of Competition and Intellectual Property Protection (Indecopi) approved the modification of five administrative procedures, simplifying the processes for the registration, renewal and protection of trademarks, among other things.
With regard to the processing term of such procedures, the following changes were introduced:
- the renunciation of rights on a registration (incorporating literal 64-A.4) – the maximum term for this procedure will be 90 business days, counted from the date of the application until the date of issuance of the renunciation resolution;
- requests for precautionary measures on the registration of IP elements (incorporating a second paragraph to article 112) – the maximum term of 15 working days to grant or reject a request for precautionary measures will be counted from the date of filing of the request or the correction of any errors;
- inspection visits (incorporating item 99.3) – the maximum term to process inspection visits where trademark rights are infringed is 10 working days, counted from the date of the request or the correction of any errors (if applicable) until the date of issuance of the resolution ordering the inspection;
- the renewal of registrations (incorporating article 61-C) – the maximum term for trademark registration renewal procedures is 60 working days, counted from the filing date of the application; and
- the registration of amendments to registrations (incorporating article 64-B) – the maximum term for registration amendment procedures is 90 working days, counted from the date of the application until the issuance of the resolution.
Another amendment was made to article 118, relating to inspection procedures at the request of a party. The amendment specifies that this must be carried out prior to coordination with the applicant and for this purpose it has a term of 30 working days, counted from the date of notification of the resolution ordering the inspection.
It is considered that these amendments will contribute to speeding up the procedures for the benefit of the parties concerned.
For further information on this topic please contact Antonella Gutierrez or Vicente Campodonico at OMC Abogados & Consultores by telephone (+51 502 6467 or +51 635 0641) or email ([email protected] or [email protected]). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.