Peru

IP professionals are positive about the prospects for the Peruvian economy, as a recent political shift to the right is expected to encourage foreign investment. Madrid accession is a major talking point among practitioners; the National Institute for the Defence of Competition and Intellectual Property Protection (INDECOPI) is in favour of joining and this is expected to happen within the next two to three years. INDECOPI continues to set a high bar for trademark registries in Latin America – it functions efficiently and performs its role with energy and enthusiasm.

Firms

1
Barreda Moller
2
Allende & Garcia Abogados
BARLAW – Barrera & Asociados
Estudio Colmenares & Asociados
Estudio Echecopar
Estudio Francisco Espinosa-Bellido Abogados SCRL
Rodrigo Elías & Medrano Abogados
3
Clarke Modet & Co
Durand Abogados
Fernandez-Dávila & Bueno Abogados
Muñiz Ramirez Perez-Taiman & Olaya Abogados
Allende & Garcia Abogados
Although it has now been on the market for several years, Allende & Garcia still feels like a breath of fresh air in Peru. The young boutique knows how best to manage huge portfolios: as an example, it is acting for Grupo Cencosud in connection with the protection and enforcement of its 2,000-plus trademarks. Commentators cite the firm’s “excellent insights and practical approach to matters” as reasons to come calling. Founding partner Jorge Allende is “doing particularly excellent work”. “He handles matters personally and is always available whenever you need him. Efficient and rapid, he gives precise answers without beating around the bush, while keeping in mind your budget concerns and ultimate goal.” Magali Garcia is also warmly endorsed and one of the reasons why this firm has been able to entice instructions away from other longer-established operations. One source relates: “We moved a matter to Allende & Garcia after becoming frustrated with the unclear communication and slow replies of our former counsel. The quality of Magali’s advice, her responsiveness and the clarity of her English make her very easy and pleasant to deal with.”
BARLAW – Barrera & Asociados
BARLAW runs the top anti-counterfeiting practice in Peru and one of the best in Latin America. The enforcement leader takes the fight to counterfeiters, adding long-term value in the fight against fakes by devoting considerable time and resources to training public authorities. The “highly knowledgeable” Adriana Barrera is fearless in this arena; “a down-to-earth, proactive adviser”, she is “excellent at giving broad strategic assessments. She understands what multinationals are looking for in terms of direct, tailored advice”. In a first for the market, she recently handled a matter for Procter & Gamble in which a jail sentence was imposed on an individual who had been counterfeiting its products. While it may be best known for enforcement, the trademark practice is well rounded: successfully obtaining protection for adidas’s three-stripes trademark was a recent prosecution highlight. It helps that Barrera has surrounded herself with an accomplished and dynamic team of associates with complementary skill sets: Medalith Albarracín and Sandra Arredondo both attracted praise in the WTR 1000 2017 research.
Barreda Moller
“Woven into the fabric of the Peruvian IP market”, classy outfit Barreda Moller is also a long-time leader on the wider Latin American IP scene. It maintains the largest team of dedicated specialists in the country and, when it comes to brands, can fulfil any task to the highest standards. Alfredo Barreda and Fernando Barreda are hailed for their “vast knowledge of trademark law”; marquee brand owners have unshakeable confidence in the protection and enforcement strategies they devise.
Clarke Modet & Co
Complete mastery of IP protection across all Spanish and Portuguese-speaking countries is the hallmark of Clarke Modet & Co. The firm maintains a sizeable multi-disciplinary professional team some 22 strong in Peru and knows the market well, having operated here for 15 years. Its brand-related counsel is resolutely commercial and always tailored to account for industry trends and developments. Lima office manager Ana Teresa Barreto is a key contact.
Durand Abogados
Durand Abogados is enthusiastically recommended for its “speedy communication and quality advice”. “It provides quick feedback and presents clear, focused opinions in a very professional manner.” International brand owners love its European-style service: the set’s German expertise and language capabilities are a major selling point, with Juan Carlos Durand Grahammer a particular favourite of German enterprises. As recent highlights show, the nimble group thrives on complex matters; acting for Andreas Stihl AG & Co, it is working hard to register a colour combination trademark despite the trademark authorities’ highly restrictive approach to the issue.
Estudio Colmenares & Asociados
With its robust patent and trademark offerings, Colmenares is a persuasive option for companies with diverse IP portfolios. The efficiency of its prosecution practice and sophistication of its search capabilities give the group an edge; it has been protecting trademarks for longer than just about any other firm in the country, so it is no surprise that its processes are finely tuned. Its flat fee structures are a further draw, while proficiency in litigation and enforcement gives the service a well-rounded feel. Overseeing the group’s activities, Luis Gayoso exercises a hawkish eye for quality, although he never loses sight of clients’ budget concerns.
Estudio Echecopar
Baker McKenzie International runs a tight ship in Peru through Estudio Echecopar, a general commercial set-up with a nuanced understanding of the business of intellectual property. Its technically accomplished team is “flawlessly led” by Luis Alonso García, a former head of INDECOPI and a skilled negotiator who has taken charge of free trade agreement talks between Peru and the United States. “There is no better-prepared attorney in Peru,” enthuse clients. “His mental agility and ability to deal with any situation are amazing.” A thought leader on geographical indications – and many other trademark topics – he has been the engine of substantial growth in the group’s local practice.
Estudio Francisco Espinosa-Bellido Abogados SCRL
A popular port of call for referrals from across Latin America, Francisco Espinosa-Bellido dispenses “very high-quality” search, registration and litigation advice. The venerable organisation recently celebrated 75 years of IP excellence, but a dynamic, young team means that its services is thoroughly modern – something which helps to set it apart from other traditional names in the market. Managing partner Francisco Espinosa Reboa is well connected internationally and can seamlessly link clients into his network to ensure that all needs are catered for. Upholding the firm’s rapid response culture, he acts fast, but his advice is always substantively rock solid.
Fernandez-Dávila & Bueno Abogados
Intellectual property is a central pillar at commercial outfit Fernandez-Dávila & Bueno. While the firm is best known for its pharmaceutical patents practice, trademark matters are also handled with alacrity and finesse. By combining the expertise of its prosecution and litigation professionals, it provides holistic 360-degree counsel; other USPs include a dedicated anti-counterfeiting unit with close links to the police and judicial authorities, and valuable insight into ancillary areas such as competition law. Carlos Fernández-Dávila Winkler has exceptionally broad legal knowledge and experience, encompassing everything from corporate to competition, regulatory and IP law. Engaging in extensive extracurricular activities, he provides practical, internationally informed counsel.
Muñiz Ramirez Perez-Taiman & Olaya Abogados
A blend of “quality and reliable work, fast responses and reasonable fees” makes this partnership a preferred destination for top-tier Latin American firms sending matters into Peru, across all legal disciplines. The commercial player has a robust IP practice that takes in all aspects of trademark law, as well as patents, designs and regulatory matters. Marta Fernández Pepper is a key point of contact for interested parties.
Rodrigo Elías & Medrano Abogados
Rodrigo Elías & Medrano is hailed as “the best commercial firm in intellectual property in Peru”. “Competitive in its fees” and “always adding value” with its “huge resources”, it has won a loyal following among large corporates seeking a one-stop-shop service. Unfair competition, advertising, licensing, franchising, sports and trademarks sage Héctor Álvarez is a versatile practitioner who is ready for anything. Fellow partner María del Carmen Alvarado has a similarly broad compass; she has first-hand insight into the needs of in-house counsel, having previously worked for Frito-Lay in the United States.

Individuals

Jorge Allende - Allende & Garcia Abogados
Héctor Álvarez - Rodrigo Elías & Medrano Abogados
Fernando Barreda - Barreda Moller
Alfredo Barreda - Barreda Moller
Adriana Barrera - BARLAW – Barrera & Asociados
Luis Alonso García - Estudio Echecopar
María del Carmen Alvarado - Rodrigo Elías & Medrano Abogados
Juan Carlos Durand Grahammer - Durand Abogados
Alvaro Echeandia - Thorne Echeandia & Piaggio Attorney at Law
Francisco Espinosa Reboa - Estudio Francisco Espinosa-Bellido Abogados SCRL
Carlos Fernández-Dávila Winkler - Fernandez-Dávila & Bueno Abogados
Magali Garcia - Allende & Garcia Abogados
Luis G Gayoso - Estudio Colmenares & Asociados
Monica Germany - Estudio Olaechea
Rosa María Kresalja Santos - Duany & Kresalja Abogados
Enrique Cavero Safra - Hernández & Cía Abogados
Alfredo Valencia - Valencia Law Office
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Issue 68