Peru

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.

Innovation at the Peruvian IP office: spotlight on non-core tools and services
Apple most imitated phishing brand; Hugo Boss rebrands to Joe Lycett; new CITMA president – news digest
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.

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.

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9 Sep 2020

Crocs Inc victorious on appeal in oppositions against 3D marks in Class 25

In a victory for US footwear company Crocs Inc, the Administrative Court of Appeals of INDECOPI in Peru has rejected Industrias Humarsa EIRL’s applications for the registration of 3D trademarks for shoes. Read more

28 Aug 2020

Fake Honda power products seized in massive raid during national state of emergency

Counterfeit Honda power products have been seized following a raid on four commercial establishments in Lima. A total of seven individuals will now be investigated for the commission of an IP crime, which is sanctioned with two to five years’ imprisonment. Read more

5 Aug 2020

LOUIS VUITTON recognised as well-known mark in Classes 18 and 25

Within the context of opposition proceedings against the registration of the mark MUVITON in Class 5, INDECOPI has recognised the notoriety of LOUIS VUITTON in Peru for “clothing, shoes, bags, belts and travel suitcases”. 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

Anti-Counterfeiting

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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

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

Brand management

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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

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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

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

Government/Policy

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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

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

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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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>

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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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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

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

Trademark law

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12 Dec 2019

Litigation procedures and strategies: Peru

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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.

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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.

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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. 

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