Peru Legal Articles

Law related articles writen by lawyers
and experts witnesses practicing in Peru

A Battle with the Vatican - Peru

A case that captured the attention of many Peruvian university students was the prohibition of the words ‘pontifical’ and ‘Catholic’ in the name...
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Confusion over Appellations of Origin - Peru

The concept issue in this case was a decisive factor for settling the difference between the appellations, and allowing them to coexist in the...

Expenses and Costs in Infringement Procedures

Current law provides us with the possibility that resolutions approving the payment of expenses and costs become enforceable titles, and could...

Detaining Suspect Goods

Peruvian Industrial Property Legislation allows to the owner of trademarks to file an infringement procedure against the merchants who use the...

Business in Peru

Peruvian corporations can be incorporated by a 100% of foreign shareholders. The most common corporations are the publicly-held corporation...

What Constitutes "Use"? - Peru

“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...

Severe Sanctions in Trademark Cases: Corrective Measures - Peru

“Administrative sanctions, in contrast to criminal sanctions, are limited to fines, so it is vital that fines are large enough to deter...

A Reality Check in Trademark Cases - Peru

We welcome the decision issued by the Peruvian Trademark Office (INDECOPI) that upheld the opposition against the registration of the trademark...

Proper Sanction to the Recurrent Offenders - Peru

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...

Preventing Hidden Commercialization of GM Foods - Peru

A resolution stated that food prepared from transgenic products must contain this information on its label, whether or not there is proof that...

Trademark Right in Action - Peru

In a successful infringement action, when an importer commits an infraction, it is possible to file a judicial demand, because bad faith has...

Peru - Proof of Use of Mixed and Figurative Marks

The Intellectual Property Court recently issued a welcome resolution stating that when products are not covered by a registered trademark, but...

The Judiciary in Action at Last - Peru

The Peruvian judiciary provided a pleasant surprise recently, with its view of an appeal against a Peruvian Patent and Trademark Office...

What is Genuine Interest? - Peru

Article 147 of the Andean Regulation says that during opposition proceedings, the owner of or applicant for a trademark previously filed in any...

A Step Ahead in IP - Peru

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...

Border Measures against Counterfeits - Peru

From February 4th, 2009 the proceeding for making effective the border measures for the protection of trademarks registered and copyrights in...

The Hague Convention is Approved in Peru

Convention Abolishing the Requirement of Legalization for Foreign Public Documents

Peruvian IP Improvements

The Peruvian Trademark and Patent Office (INDECOPI) has introduced new regulations, which make it easier to protect intellectual property...

The Patent Cooperation Treaty - PCT Perks

On June 6, 2009, the Patent Cooperation Treaty (PCT) came into force in Peru.

Creation of the Peruvian Virtual Court

The Peruvian Cibertribunal is the body in charge of solving the lawsuits between trademarks and ccTLD.Pe domain names.

Impact of the Free Trade Agreement (FTA) on the Intellectual Property Rights in Peru

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.

Paris Convention Priority: Clash Between Real and Local Time

The Peruvian Trademark Office-INDECOPI carrying out a right interpretation on the industrial property regulations and mainly applying the common...


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