Negotiations to reach EU/Peru free trade agreement concluded

Peru has concluded negotiations to reach a free trade agreement with the European Union. Title VII contains rules on industrial property which are mandatory for Peru and all 27 member states of the European Union.
The declared purpose of Title VII is to:

  • promote innovation and creativity;
  • facilitate the production and marketing of innovative and creative goods by the parties; and
  • obtain an adequate and effective level of protection and observance of IP rights, which may contribute to technology transfers, lead to social and economic benefit, and create a balance between IP rights holders and the public interest.
The rules of Title VII contain provisions on copyright, copyright-related rights, patents, trademarks, trade names, designs, layout designs (topographies) of integrated circuits, geographical indications, plant varieties and non-divulged information.
The agreement also provides for the protection of biodiversity and traditional knowledge associated with local and indigenous communities.

In addition, the parties agreed to subject themselves to the rules of the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights. Peru committed itself to make reasonable efforts to apply the rules of the Trademark Law Treaty, as adopted in Geneva on October 27 1994, and is also required to make reasonable efforts to adhere to the Madrid Protocol.
The Peruvian government has not yet revealed when the free trade agreement will come into force - however, it is estimated that this will happen in January 2012.
José Barreda, Barreda Moller, Lima

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