Peru Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Peru
A case that captured the attention of many Peruvian university students was the prohibition of the words ‘pontifical’ and ‘Catholic’ in the name of the Pontifical Catholic University of Peru (PUCP) by the Vatican.
The concept issue in this case was a decisive factor for settling the difference between the appellations, and allowing them to coexist in the market.
Current law provides us with the possibility that resolutions approving the payment of expenses and costs become enforceable titles, and could be executed subsequently before the judicial channel by means of a relatively fast procedure.
Peruvian Industrial Property Legislation allows to the owner of trademarks to file an infringement procedure against the merchants who use the registered trademark in the market without any authorization.
Peruvian corporations can be incorporated by a 100% of foreign shareholders. The most common corporations are the publicly-held corporation ("sociedad anónima abierta") and the closely held corporation ("sociedad anónima cerrada"). First at all, it is advisable to carry out a previous search before the Public Register of Companies.
“This makes it impossible to start counting the three years of non-use of the mark in order to request its cancellation, and therefore the trademark is effectively removed from the market.” This article considers the criteria used by the Peruvian trademark office to resolve cancellation for non-use of trademarks.
“Administrative sanctions, in contrast to criminal sanctions, are limited to fines, so it is vital that fines are large enough to deter infringing behavior.” The control exercised by the administration in relation to the improper use of registered trademarks is very important, because it is a key component in the regulation and inspection of the proper operation of the market.
We welcome the decision issued by the Peruvian Trademark Office (INDECOPI) that upheld the opposition against the registration of the trademark Billalcon Surfers and logo in Class 25 by Jose Almeida Contreras.
Resolution 1181-TPI/Indecopi, issued on June 6, approved an $82,290 fine for a trademark infringer. This is considered to be a drastic yet justifiable sanction given the nature of the infringer’s illegal conduct.
A resolution stated that food prepared from transgenic products must contain this information on its label, whether or not there is proof that the products are harmful to health.
In a successful infringement action, when an importer commits an infraction, it is possible to file a judicial demand, because bad faith has already been shown. This can result in a jail sentence.
The Intellectual Property Court recently issued a welcome resolution stating that when products are not covered by a registered trademark, but are similar to goods explicitly mentioned in a certificate of registration, the goods have effectively been used and therefore the registration cannot be canceled.
The Peruvian judiciary provided a pleasant surprise recently, with its view of an appeal against a Peruvian Patent and Trademark Office (INDECOPI) resolution rejecting a patent trademark opposition case.
Article 147 of the Andean Regulation says that during opposition proceedings, the owner of or applicant for a trademark previously filed in any of the Andean community countries (Ecuador, Colombia, Bolivia and Peru) has the right to file an opposition against any similar or identical trademark applied for in another Andean country.
It is also now possible to file electronic trademark applications, and while the payment of government fees can be made by a credit card, it is still necessary to list a domicile within the Peruvian Territory.
From February 4th, 2009 the proceeding for making effective the border measures for the protection of trademarks registered and copyrights in Peru has been implemented.
Convention Abolishing the Requirement of Legalization for Foreign Public Documents
The Peruvian Trademark and Patent Office (INDECOPI) has introduced new regulations, which make it easier to protect intellectual property rights, as well as offering advantages to applicants
On June 6, 2009, the Patent Cooperation Treaty (PCT) came into force in Peru.
The Peruvian Cibertribunal is the body in charge of solving the lawsuits between trademarks and ccTLD.Pe domain names.
As a part of the implementation of the USA-Peru Free Trade Agreement, on June 28th, 2008, it was issued the Legislative Decree No. 1075.
The Peruvian Trademark Office-INDECOPI carrying out a right interpretation on the industrial property regulations and mainly applying the common sense, granted priority right to a Japanese application filed on August 11, rather than a Peruvian application filed the same day.