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OMC Abogados & Consultores | Peru | 20 Sep 2021

Patent registration contributes to economic reactivation of Peru

As well as capital injections in the market, the Peruvian authorities have decided to give intellectual property an important role in the process of business reactivation in the country. In 2020, a total of 92 invention patent applications from Peruvian companies were registered, exceeding the previous average of 50 applications.
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OMC Abogados & Consultores | Peru | 13 Sep 2021

Biopiracy in Peru

"Biopiracy" is defined as the unauthorised, illegal and irregular access and use of biological resources and their components, or associated traditional knowledge, in the research and development of new products. In Peru, the National Commission Against Biopiracy is the institution in charge of the promotion, protection and defence of biological resources and traditional knowledge.
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OMC Abogados & Consultores | Peru | 9 Aug 2021

Anti-counterfeit legislation and procedures

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). It is recommended that rights holders voluntarily register their trademarks with the Customs Office. This means that if a counterfeit product enters the country, the Customs Office......
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OMC Abogados & Consultores | Peru | 2 Aug 2021

IP rights during covid-19 pandemic: FAQs

According to the National Institute for the Defence of Competition and Protection of Intellectual Property, there was a notable increase in trademark applications for goods in the healthcare area (eg, pharmaceuticals, alcohol gel and masks) in 2020. This article answers FAQs about changes in IP procedures and trends in Peru that have resulted from the covid-19 pandemic.
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OMC Abogados & Consultores | Peru | 26 Jul 2021

"Fashioning" intellectual property

In Peru, the fashion industry grows every day. Many designers do not protect their designs, either because they are unaware of the forms of protection offered by the Peruvian legal system or because they cannot access such protection due to costs or other factors. Thus, after reviewing the key concepts and analysing the main obstacles in the world of fashion, this article provides a clear......
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OMC Abogados & Consultores | Peru | 19 Jul 2021

Trade secrets: FAQs

In Peru, to protect a trade secret, it must be placed under notarial custody in a sealed and sealed envelope. This ensures that it has a certain date, which enables the owner to prove the existence of the secret and its possession thereof. This article answers FAQs about trade secret protection in Peru.
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OMC Abogados & Consultores | Peru | 12 Jul 2021

Use of patents in micro and small companies

In Peru, small and micro-sized enterprises (MYPEs) constitute 98.3% of the country's economy and are the main source of employment generation in the private sector, since they provide abundant jobs and contribute to national income and the country's economic growth. It is important that MYPEs are aware of the IP system because, in addition to creating a positive image of the company, patents......
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Kennedys Law LLP | Peru | 7 Jul 2021

M&A requirements for airlines

The aviation sector has been one of the worst hit sectors by the covid-19 pandemic globally and Peruvian aviation is no exception. The significant impact and slow improvement of the sector has and will continue to encourage airlines to consider mergers and acquisitions (M&A) as a solution. This article provides an overview of the factors of which airlines performing domestic commercial......
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OMC Abogados & Consultores | Peru | 7 Jun 2021

Fanciful marks: interpretation and legislation

Fanciful marks are those which are exclusively created or invented by their author to constitute a trademark. They are original, have no meaning and are unrelated to the product or service that they intend to distinguish. It can be difficult to impose a fanciful mark on the market in such a way that consumers remember it and associate it with the product or service that it distinguishes....
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OMC Abogados & Consultores | Peru | 31 May 2021

Trademark cancellation for lack of use: not always a reliable strategy

Due to the complexity of the Andean Community's legislation on the partial cancellation of trademarks, the Trademark Office of the National Institute for the Defence of Competition and the Protection of Intellectual Property has issued two mandatory precedents in this regard. Such precedents aim to reflect a more accurate reality of trademark use, which favours fair competition in the market.
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