WTR interviews Peru's candidate for the director general election at WIPO. Ivo Gagliuffi Piercechi currently leads his country’s IP office, Indecopi, one of the most innovative in South America and has similarly big plans for WIPO.
On 17 April 2020 a raid was carried out in a huge factory located in the Lima Norte area. Surgical masks, as well as over 1,500 units of fake apparel and thousands of fake labels bearing well-known trademarks, were seized. Read more
The IP Public Prosecutor has filed a criminal claim in a case involving fake goods bearing well-known marks for apparel. It is likely that the court will issue an exemplary ruling in order to strengthen the protection of IP rights in Peru. Read more
A recent raid carried out by the Peruvian National Police highlights that counterfeiters have noticed the increased demand for essential goods since the start of the covid-19 pandemic - and want to take advantage of it. Read more
The INDECOPI has published a document outlining its proposals to strengthen the enforcement of IP rights in Peru. Although the proposed changes constitute a positive step forward, they fail to address some important issues. Read more
Due to the development of social media advertising in recent years, the Peruvian National Institute for the Defence of Competition and Intellectual Property has published a draft guide for influencers. Read more
In our latest round-up, we look at the United Kingdom’s IP minister seat being vacant once again, question marks over affiliate links on Instagram, puns being encouraged at the Philippines IP office, and much more. Read more
The Peruvian Trademark Office is adjusting to working digitally during the coronavirus outbreak. Importantly for brand owners, the office is continuing to evaluate infringement claims and grant precautionary measures. Read more
In opposition proceedings against the registration of the mark AMERICAN COLORS in Class 25 in Peru, the Administrative Court of Appeals of INDECOPI has recognised the notoriety of two AMERICAN COLORS marks for goods in Class 2. Read more
Following an emergency decree published on 15 March 2020, the terms of all ongoing administrative procedures has been suspended for 30 business days in Peru. This has a direct impact on all procedures pending at the Trademark Office. Read more
The Peruvian Customs Office has updated the customs recordal procedure to speed up the process and make it more efficient. The new procedure will be implemented for 2020 renewals, which must be filed within the first 30 working days of the year. Read more
The Peruvian government has declared that it would take the necessary legal steps to challenge the trademark registration for CUSQUEÑO SOUR, which covers alcoholic beverages in Class 33 and is registered by a Chilean company. Read more
The Peruvian authorities have recently carried out one of the biggest-ever strikes against counterfeiters, raiding 120 informal establishments in the Polvos Azules shopping centre, a hotspot for fakes in Peru. Read more
With an increasingly competitive IP legal market in Latin America, law firms are having to adapt and grow their marketing activity to stand out from the crowd. While little attention has been paid to marketing strategies in the past, today sees significant investment being made to effectively cut through the cluttered IP market. This week, the <i>WTR 1000</i> research team looks at how Latin American IP law firms, big and small, have evolved their marketing in recent years.
The Peruvian Trademark Office has recently started to apply Article 6(6) of Legislative Decree 1310, which means that the recordal of certain changes is now exempted from the payment of official fees. Read more
The Peruvian Trademark Office (PTO) has joined the TMview online search tool and made its trademark database available to any interested persons worldwide. This is the result of an agreement signed between the EU Intellectual Property Office and the PTO.
The World Intellectual Property Organisation Arbitration and Mediation Centre has recently issued an important decision after Facebook Inc filed a complaint against Master Inc in order to obtain the transfer of the domain name ‘facebook.com.pe’.
INDECOPI has ordered Red Científica Peruana - the administrator of the '.pe' ccTLD - to suspend the registration of the domain name 'thepiratebay.pe'. INDECOPI based its decision on the fact that the 'Pirate Bay' website has been involved in legal actions in other jurisdictions, and that it has been proven that the website contributes to the violation of third-party IP rights.
On 10 April 2020 the Peruvian Trademark Office announced the activation of online trademark filing services. Nevertheless, applicants should note that the office will not begin to process these online applications until 7 May 2020. Read more
Peru’s Administrative Court of Appeals has dismissed an action for the cancellation of the mark TREBOL in Class 1 due to non-use, as the owner had demonstrated that the mark was a variation of the well-known figurative trademark TREBOL in Class 11. Read more
Entrepreneurs are taking full advantage of Peru’s recent adhesion to the Singapore Treaty, which permits applications to register non-traditional trademarks such as position marks, holograms, motion marks and colour marks. Read more
A case involving an application for the mark HUEVON (which means a ‘lazy or stupid person’) has once again called into question the criteria used by the Peruvian Trademark Office to grant or refuse trademark applications. Read more
In December 2016 Legislative Decree 1309 was published in the Official Gazette <em>El Peruano</em>. This decree establishes that the Executive Branch will issue the regulatory provisions of Legislative Decree 1075.
The Peruvian Trademark Office (PTO) has recognised Chanel’s DOUBLE C trademark as well known in Peru under Article 224 of Andean Decision 486. The decision shows that a well-known trademark in any Andean Community country will be recognised as well known in all member countries.
After the announcement that two new courts specialising in intellectual property, customs, taxation and environmental crimes would be created in Peru with jurisdiction in the cities of Lima and Callao, all criminal activities involving IP matters will now be handled by a specialised authority, allowing better management of the judicial process.