Region: Peru

Variation of the UDRP to be adopted

NIC.PE, the registry responsible for the organization of the Peruvian country-code top-level domain, '.pe', has changed its domain name dispute resolution procedure from arbitration to a variation of the Uniform Domain Name Dispute Resolution Policy. The new procedure will be administered by the WIPO Arbitration and Mediation Centre.

07 April 2008

Concept of use in cancellation actions clarified

The Administrative Court has reversed a decision of the Trademark Office that ordered the cancellation of the trademark FAMILIA on the grounds of non-use. Among other things, the court held that a trademark will be cancelled only where use of the mark is fraudulent or fictitious. It is the first time that the Administrative Court has defined the concept of use.

08 February 2008

US Senate approves free trade agreement with Peru

The US Senate has approved the text of the free trade agreement between Peru and the United States. Peru must implement significant amendments to its trademark law in order to comply with the requirements of the agreement. Among other things, it must establish a system for the electronic filing, processing, registration and maintenance of trademarks.

15 January 2008

MADE IN SINGAPORE AUTHENTIC ASIAN CUISINE is not distinctive

The Administrative Court has upheld a Trademark Office decision refusing to register the service mark MADE IN SINGAPORE AUTHENTIC ASIAN CUISINE for restaurant services on the grounds that it lacked distinctiveness. The court agreed that although the mark is in English, it is descriptive of the geographical origin of the services.

26 November 2007

FINLANDIA is distinctive for vodka, court rules

In a case involving the well-known FINLANDIA trademark, the Administrative Court has overturned a decision of the Trademark Office to reject the mark on the grounds that it was geographically misleading. The court held that Finland is not the only country in the world that produces vodka (one of the products to which the mark applies) and that consumers would consider the mark to refer to a business rather than a country.

20 July 2007

Coexistence agreement issues clarified

The Supreme Court, on judicial review of an administrative decision refusing a trademark registration, has clarified the rules on coexistence agreements in Article 158 of Legislative Decree 823. Among other things, the court noted that when an administrative authority objects to a coexistence agreement during an examination proceeding, it must show that the general interest of the consumer will be affected by the registration.

14 May 2007

Court cracks down on online infringement

In <i>Castillo v Metal-Locking SAC</i>, the Administrative Court has ordered Metal-Locking SAC to cease use of several related signs in, among other things, its domain names and email addresses. While noting that there are no specific legislative rules in Peru or the Andean Community as a whole dealing with alleged online infringement, the court held that the use of the signs in question was prohibited as it was likely to cause confusion.

04 May 2007

Resolution outlining protection available to well-known marks issued

The Andean Court of Justice has issued a resolution on the interpretation of Andean Community Cartagena Agreement Committee Decision 344 on a Common Industrial Property Regime, indicating that there are two types of 'well-known mark', namely notorious marks and renowned marks. The court also stated that notorious marks should be granted less protection than that offered to renowned marks.

31 January 2007

New guidelines for coexistence agreements issued

The Andean Court of Justice has issued guidelines on the operation of coexistence agreements within the Andean Community. The court stated, among other things, that the parties executing a coexistence agreement must include wording clearly establishing how confusion to consumers will be prevented.

25 September 2006

Peruvian Congress discusses free trade agreement

The Peruvian Congress has commenced intensive discussions regarding approval of the free trade agreement signed with the United States, which will bring in numerous changes to Peru's trademark and geographical indication registration and protection systems. It is not yet clear whether the agreement will be approved by the current Congress or by the one taking office on July 28 2006 following elections earlier this year.

27 June 2006

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