Peru

IP offices should be “protagonists and agents of change” urges INAPI director after launch of new multinational IP and gender network

Chilean National Institute of Industrial Property Director Loreto Bresky calls for IP offices to increase collaboration and follow in the footsteps of the new Latin American Network of Intellectual Property and Gender.

IP offices should be “protagonists and agents of change” urges INAPI director after launch of new multinational IP and gender network
From Apple to Nike: key recent decisions and developments from the Americas analysed
30 Apr 2021

From Apple to Nike: key recent decisions and developments from the Americas analysed

For our next instalment presenting recent Legal Updates that you may have missed we turn our attention to the Americas.

Taylor Swift settles Evermore dispute; Facebook partners with UKIPO; All Gas No Brakes brand ownership – news digest
26 Mar 2021

Taylor Swift settles Evermore dispute; Facebook partners with UKIPO; All Gas No Brakes brand ownership – news digest

In our latest round-up, we look at Burberry partnering with a video game developer, the EUIPO winning an award, the Peruvian IP Office auctioning off property owned by IP infringers, and much more.

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30 Sep 2021

Large seizure of fake toys and party decorations in exclusive Lima City district

A large amount of party decorations and toys, including Lego and Paw Patrol, were seized in a raid against a shop located in the upscale district of Santiago de Surco. Read more

9 Sep 2021

Huge raid carried out against clandestine workshop of counterfeit H&S shampoo

The biggest action of the year so far in relation to an IP and public health crime has recently taken place against a clandestine factory in which fake Head & Shoulder goods were produced. Read more

2 Sep 2021

Caught red handed: raid on Epson ink and HP toner counterfeiters results in big win for IP rights holders

A police raid has led to a significant seizure of goods and three arrests. The subsequent court hearing resulted in two sentences and a plea bargain that delivered high compensation for the IP rights holders. Read more

25 Aug 2021

Frida Kahlo heirs prevail in dispute with offshore company set up to exploit rights in artist’s name

The Peruvian Administrative Court of Appeals has ruled in favour of the heirs of Mexican artist Frida Kahlo in a dispute with the company established to exploit the FRIDA KHALO mark. Read more

Anti-Counterfeiting

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26 Jul 2021

Significant raid carried out against importer of fake mobile phone accessories

More than 15,000 fake mobile phone accessories - bearing brands such as Apple, Huawei, Samsung and Xiaomi - have been seized following a huge raid in a commercial establishment and warehouse located in Downtown Lima. Read more

7 Jun 2021

Authorities seize fake fabric intended to be used for face masks

The Peruvian Police and the IP Prosecutor have conducted a huge raid against distributors of fabric rolls bearing well-known trademarks that were intended to be used to manufacture face masks. Read more

6 Apr 2021

Use of Toyota’s marks on car parts held not to fall within Article 157 exception

Peru's Administrative Court of Appeal has found that use of the sign USE FOR TOYOTA/LEXUS AUTOPARTS on imported oil and fuel filters did not fall within the exception provided for by Article 157 of Decision 486. Read more

18 Jan 2021

The notorious markets you need to have on your policing radar

The latest USTR list provides crucial intelligence for rights holders, with eight new physical markets added. Read more

Brand management

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17 Apr 2020

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. Read more

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

Enforcement and Litigation

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19 Jul 2021

New mandatory precedent regarding assessment of genuine interest in Andean opposition

According to a recent resolution of the Administrative Court of Appeals, the assessment of the genuine interest - based on a trademark application or a registered trademark - in an Andean opposition must be evaluated at the time of filing of the opposition. Read more

7 Jul 2021

Publication of two new mandatory precedents regarding cancellation actions

Two new mandatory precedents concerning cancellation actions were recently published in Peru’s official gazette. One of the issues considered was whether the same evidence may prove the use of two or more trademarks in different cancellation actions. Read more

16 Apr 2021

The KOTEX case or the importance of expressly stating the grounds on which an opposition is based

In a victory for Kimberly Clark Worldwide Inc, Peru’s Administrative Court of Appeals has declared - pursuant to a Supreme Court of Justice order - the nullity of two resolutions issued over 14 years ago in a dispute involving two KOTEX marks. Read more

18 Mar 2021

Precautionary measures issued based on trade dress of BaByliss hair straightening iron

The Peruvian Trademark Office has recognised that the grey-blue colour and the font used for the word element ‘Nano Titanium’ are part of the trade dress of BaByliss’ Nano Titanium hair straightening iron. Read more

Government/Policy

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24 Aug 2020

Innovation at the Peruvian IP office: spotlight on non-core tools and services

A representative from the Intellectual Property Office of Peru (Indecopi) shares the innovative tools and services it has launched or is developing for the future. 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

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. 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

Law Firms

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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.

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IP Offices

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14 Jun 2021

Peruvian Trademark Office: progress and plans for the future

Important achievements include the reduction of the timeframe for resolving cases and the successful implementation of digital tools, and current projects involve search tools using artificial intelligence. Read more

22 Feb 2021

Success of online training seminars for law enforcement officers continues

Last year, against the background of the covid-19 pandemic, the first online training seminars for law enforcement officers specialised in IP matters took place in Peru. This type of training presents several advantages and has continued to prove popular this year. Read more

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

Online

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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. Read more

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.

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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’.

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Portfolio Management

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12 Mar 2021

No GASTÓN spoons and forks – sign that could affect the prestige of a person refused

Peru’s Administrative Court of Appeal has confirmed the first-instance resolution that rejected the application for the mark GASTÓN, ruling that the mark could affect the reputation of the Peruvian chef Gastón Acurio. Read more

4 Mar 2021

Fashion boutique ordered to pay exemplary fine for copying Burberry pattern

Burberry has obtained an outstanding result in a dispute with a Peruvian fashion company over the use of its pattern trademark, with the Trademark Office using its discretion to increase the amount of the fine imposed. Read more

25 Feb 2021

New mandatory precedent regarding the use of a trademark consisting of packaging

In cancellation proceedings involving a trademark consisting of the Sunny Girl dolls packaging, Peru's Administrative Court of Appeals has established a new mandatory precedent concerning the proof of use of a trademark consisting of packaging. Read more

22 Jan 2021

Vans successfully registers iconic ‘Checkerboard Slip-On’ design for trainers

The Peruvian Trademark Office’s Direction of Distinctive Signs has upheld an appeal by Vans Inc claiming that its internationally famous ‘Checkerboard Slip-On’ design has a high level of distinctiveness and is associated with a specific business origin. Read more

Trademark law

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12 Dec 2019

Litigation procedures and strategies: Peru

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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

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

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