Peru

Apple most imitated phishing brand; Hugo Boss rebrands to Joe Lycett; new CITMA president – news digest

In our latest edition, we look at Patagonia dropping a trademark suit against OC Media, infringers piling on covid-19 domains, IP issues relating to 3D printing ventilators, and much more.

Apple most imitated phishing brand; Hugo Boss rebrands to Joe Lycett; new CITMA president – news digest
WIPO director general elections: exclusive interview with Peru candidate Ivo Gagliuffi Piercechi
20 Feb 2020

WIPO director general elections: exclusive interview with Peru candidate Ivo Gagliuffi Piercechi

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.

Amazon TLD back in limbo as governments rail against e-commerce giant and ICANN
25 Jun 2019

Amazon TLD back in limbo as governments rail against e-commerce giant and ICANN

Amazon’s application for the ‘.amazon’ TLD is back on hold after the Colombian government lodged a request for ICANN to reconsider its decision to proceed with the applications.

Latest

View all
8 Jul 2020

Defending against bad-faith applications in the Andean region

Protecting brands against parasitic trademarks can raise numerous challenges in Bolivia, Colombia, Ecuador and Peru – but there are ways to overcome them. Read more

8 Jun 2020

INDECOPI releases proposal on graduation of fines for comment

A proposal document recently issued by Peru’s National Institute for the Defence of Competition and Intellectual Property seeks to increase the predictability of fines. Read more

20 May 2020

Clandestine surgical masks factory raided during covid-19 lockdown

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

7 May 2020

Online training seminars for enforcement officials during covid-19 crisis

Peru has been one of the first countries in the world to organise online training seminars for enforcement officials during the covid-19 lockdown. Read more

Anti-Counterfeiting

View all
27 Apr 2020

Prison sentence likely to be issued against repeat offender who filed false licensing agreement

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

9 Apr 2020

Counterfeit detergent packaging seizure in Peru: the fight against fakes during the covid-19 pandemic

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

27 Jan 2020

INDECOPI publishes new draft legislation on IP rights enforcement

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

9 Jan 2020

Over 3,000 units of fake spirits and alcoholic beverages seized before end-of-year festivities

On 10 December 2019 the Peruvian National Police, through its IP crime division, seized over 3,000 bottles of suspected counterfeit spirits and alcoholic beverages. Read more

Brand management

View all
28 Oct 2019

INDECOPI publishes draft guide for influencers

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

4 Dec 2018

Angola brand deadline looms, France and Peru sign IP action plan, and new Chile trademark guidelines: news round-up

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

21 Mar 2018

Franchising and contract enforcement in Peru

In our series focusing on franchising across Asia and South America, we take a closer at the Peruvian legislation that governs contract enforcement and termination. Read more

1 Mar 2018

Franchising: a global guide to brand monetisation

In the first of a two-part series, we outline the legislative framework for franchising in nine jurisdictions across Asia and South America. Read more

Enforcement and Litigation

View all
30 Apr 2020

Peruvian Trademark Office grants precautionary measures during covid-19 crisis

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

3 Apr 2020

INDECOPI recognises notoriety of AMERICAN COLORS marks

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

23 Mar 2020

Covid-19 extraordinary measures: IP prosecution and enforcement actions suspended

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

12 Dec 2019

Litigation procedures and strategies: Peru

Read more

Government/Policy

View all
18 Dec 2019

IP rights holders take note: Peruvian Customs Office updates customs recordal procedure for IP rights

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

25 Sep 2019

Peruvian government challenges Chilean mark CUSQUEÑO SOUR as being misleading

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

17 Sep 2019

Peruvian authorities crack down on counterfeiters: huge raid conducted in Lima shopping centre

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

29 Jul 2019

Non-traditional marks in Latin America: the current landscape

The acceptance of non-traditional trademarks has increased in most Latin American jurisdictions in recent years. We provide an overview of the current state of play. Read more

Law Firms

View all
3 Aug 2016

An IP marketing revolution? Changing attitudes to marketing in Latin American law firms

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.

Read more

IP Offices

View all
21 Feb 2020

Good news for trademark owners as official fees for renewals are reduced

Reduced fees for the renewal of trademarks in Peru, as well as an online channel for renewal applications, will come into force on 22 February 2020. Read more

19 Oct 2018

Good news for mark owners: recordal of certain changes exempted from payment of official fees

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

26 Sep 2018

New industrial property elements and changes in trademark prosecution – key points explained

Legislative Decree 1397, which was published on 7 September 2018, introduces important changes in the field of trademark prosecution in Peru. Read more

29 Jan 2018

Trademark Office publishes 2017 Annual Report

The Peruvian Trademark Office has published its 2017 Annual Report, which reveals that over 34,213 trademark registrations were granted last year.<br>

Read more

Online

View all
18 Jun 2019

ICANN pushes back on government pressure, prepares to publish ‘.amazon’ PICs

ICANN has written to South American government figures, seeking to push back on pressure to rethink its decision to proceed with the ‘.amazon’ applications. Read more

7 Nov 2017

Peru joins the TMview online search tool

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.

Read more

19 Oct 2016

Domain name dispute resolution in Peru

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’.

Read more

12 Mar 2014

INDECOPI suspends 'thepiratebay.pe' domain name registration

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.

Read more

Portfolio Management

View all
15 Apr 2020

Peruvian Trademark Office activates online trademark filings and other digital services

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

5 Nov 2019

TREBOL case: notoriety as a defence in non-use cancellation actions

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

4 Apr 2019

Peru receives first two post-treaty applications to register motion marks

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

22 Feb 2019

HUEVON case: should the PTO be a defender of morality?

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

Trademark law

View all
4 Jul 2017

Regulations of Legislative Decree 1075 have been approved

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.

Read more

7 Jun 2017

Chanel DOUBLE C mark is well known under Andean Community Decision 486

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.

Read more

30 Jan 2017

Executive Branch issues legislative decree modifying IP laws

The Executive Branch has introduced major amendments to the Peruvian IP regime through the issuance of Legislative Decree No 1309. 

Read more

2 Nov 2016

Peru establishes new specialised criminal courts

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.

Read more