Peru

North Korea counterfeit threat, Elder Scrolls dispute, and Peru IPO launches WhatsApp service: news digest

In our latest edition, we look at a PUBLIC trademark spat in New York, the Indian tax authorities focusing on IP-related revenue, Brexit electrical safety concerns, fax changes at the EUIPO, and much more.

North Korea counterfeit threat, Elder Scrolls dispute, and Peru IPO launches WhatsApp service: news digest
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.

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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

18 Mar 2019

New Intellectual Property National Policy to create more competitive and innovative nation

The National Institute for Defence against Unfair Competition and Intellectual Property has begun work on a national policy to make intellectual property a necessary competitive instrument for Peru’s social and economic development. Read more

5 Mar 2019

Victory for tobacco companies as Criminal Court issues important precedent concerning IP rights and public health

Various tobacco companies, including Phillip Morris International, have recently obtained a significant decision in Peru for an offence related to IP rights and public health. 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

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Anti-counterfeiting

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3 Oct 2018

Enforcement success story: Honda takes on infringers in Peru

Japanese multinational corporation Honda, a widely known manufacturer of automobiles, motorcycles and power equipment, has developed a successful strategy to deal with infringers in Peru. Read more

Brand management

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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 WTR 1000 research team looks at how Latin American IP law firms, big and small, have evolved their marketing in recent years. Read more

Enforcement and litigation

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5 Mar 2019

Victory for tobacco companies as Criminal Court issues important precedent concerning IP rights and public health

Various tobacco companies, including Phillip Morris International, have recently obtained a significant decision in Peru for an offence related to IP rights and public health. Read more

7 Feb 2019

Public prosecutors will no longer issue legal opinions in contentious-administrative civil actions related to trademarks

Following a recent amendment to Law No 27584, which regulates contentious-administrative civil actions in Peru, it is expected that cases will be resolved more quickly and efficiently. Read more

4 Jan 2019

Singapore Treaty enters into force in Peru

The Singapore Treaty on the Law of Trademarks has entered into force in Peru. This update highlights four areas of change resulting from the coming into force of the treaty. Read more

11 Oct 2018

Louis Vuitton Malletier wins opposition against trap singer and rapper Malu Vuitton

The Peruvian Trademark Office has upheld Louis Vuitton Malletier’s opposition against the registration of the mark MALU VUITTON by a Peruvian singer known under the stage name Malu Vuitton. Read more

Goverment/policy

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12 Sep 2018

New incentives for registration of collective trademarks – government hoping to boost competitiveness

Starting on 5 September 2018, and for a duration of one year, certain communities, organisations and businesses will be exonerated from the payment of the official fee for the registration of collective marks in Peru. Read more

4 Jul 2017

Regulations of Legislative Decree 1075 have been approved

In December 2016 Legislative Decree 1309 was published in the Official Gazette El Peruano. This decree establishes that the Executive Branch will issue the regulatory provisions of Legislative Decree 1075. 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

IP offices

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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

4 Aug 2017

New electronic publication system reduces costs and time

On June 29 2017 a supreme decree was published, approving the regulations for implementing the electronic publication system through the Peruvian Patent and Trademark Office (PTO) webpage. From July 3 2017 electronic publications will be made through the electronic gazette. This new system will simplify trademark application proceedings at the PTO. Read more

Online

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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’. Read more

Portfolio management

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10 Jan 2019

The red-and-white jersey belongs to all Peruvians - but not when it includes the Peruvian Football Federation’s shield

The Peruvian Trademark Office has allowed the registration of two trademarks representing the red-and-white jersey of the national football team - but only because the marks included the Peruvian Football Federation’s shield. Read more

5 Nov 2018

CONVERSE CHUCK TAYLOR ALL STAR recognised as well-known trademark

The Court of Appeal of Peru has recognised the notoriety of CONVERSE CHUCK TAYLOR ALL STAR, in application of Articles 224 and 136(h) of Andean Community Decision 486. 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

6 Oct 2016

Partial cancellation for non-use of registered trademarks

The Peru Administrative Court of Appeals has issued a resolution constituting a Legal Precedent of Mandatory Observance regarding the criteria to be used by trademark office examiners when analysing a cancellation action for non-use. Read more

Trademark law

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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

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. 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

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Justin Pierce
Partner
Washington DC, United States
Venable LLP