Peruvian Trademark Office grants precautionary measures during covid-19 crisis

• The PTO is adjusting its methods to allow it to continue working during the covid-19 outbreak
• The office is continuing to grant precautionary measures
• This is a very positive step which shows the PTO’s commitment to protecting brand owners during this time

Covid-19 has affected not only individuals and families, but also big and small companies, entrepreneurs and government institutions.

The Peruvian Trademark Office (PTO), among many other entities in the country, is adapting and adjusting to working digitally during the coronavirus outbreak. Previously, this manner of working was not widely established in Peru – a large number of activities were carried out on paper or in person.

The PTO is adjusting to this method of enforcing IP rights and is continuing to evaluate infringement claims and grant precautionary measures. This is extremely important in these times, since infringement is still occurring during lockdown, mainly at the borders.

Precautionary measures can be requested to stop an infringement and therefore avoid irreparable damage to the rights holder and prevent danger in delay, which could result in losing evidence of infringement if action is not promptly taken.

This also affects consumers, as they are usually the ones being deceived or confused by the infringement, which is why the evaluation of precautionary measures should be swift.

In order to grant these measures, the PTO analyses different aspects of the claim, such as the legitimacy of the brand owner and the infringed rights, among other arguments and evidence presented by the rights holder.

The PTO announced on its website that it is actively evaluating precautionary measures in order to protect right holders from infringing activities during the coronavirus pandemic. It grants these measures when all the requirements have been met and notifies the rights holder electronically.

This is a very positive adjustment to these uncertain times, which shows that brand owners’ rights are being taken into consideration and consumers are being protected.