Region: Peru

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

30 January 2017

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.

02 November 2016

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’.

19 October 2016

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.

06 October 2016

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.

03 August 2016

Featured in Anti-counterfeiting 2016 – A Global Guide

Decree-Law 1092/2008 enables the National Superintendence of Customs and Tax Administration (SUNAT) to act in regard to IP rights. The decree-law applies when it is presumed that goods intended for export, import or transit are pirated (infringing copyright or a related right) or counterfeit (infringing a trademark).

27 April 2016

The Peruvian Trademark Office has imposed the highest possible fine of approximately $180,000 on an importer for the import of 36,000 joysticks with trademarks registered in the name of Sony, despite the fact that the goods had been tampered with to remove the marks after their seizure by Customs.

17 February 2016

In a ground-breaking decision, the Criminal Court in Transit Specialised in Customs, Tax, IP and Domain Loss Matters of Lima and Callao imposed a jail sentence on 45-year-old defendant Mr Anibal Cajahuaringa for an IP crime. The decision sets an important precedent, as although Peruvian law provides for the imposition of jail sentences, this punishment has not previously been applied.

12 January 2016

Nestlé has recently filed an application for the registration of a colour trademark, consisting of the colour yellow within an outline, to cover ice creams and frozen desserts, among other related goods, in Class 30. Applications for colour marks are rare in Peru, even though such marks are allowed by the trademark legislation.

07 December 2015

Legislative Decree No 1212, which reinforces the mechanisms for the elimination of bureaucratic barriers, has recently been published. With respect to trademarks, the decree states that, once the examiner has verified that an application fulfils the formal requirements for registration, the Trademark Office will publish - only once - that application in the <I>Electronic Gazette</I>. It is expected that, once the new system has been implemented, the total costs for registering a trademark in Peru will decrease.

11 November 2015