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15 October 2019

Peruvian Criminal Court issues important precedent on IP rights

In a case involving fake goods bearing the ADIDAS trademark and Disney characters, Peru’s Second IP Criminal Court has sentenced the defendant to an effective imprisonment term of four years.

05 March 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.

03 October 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.

17 February 2016

Peruvian Trademark Office imposes highest possible fine on importer

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.

20 January 2015

Leaping feline design held to be confusingly similar to Puma's logo

The Administrative Court of Appeals has revoked a first instance resolution issued by the INDECOPI and declared that the infringement claim filed by Puma SE against importer Medicina Deportiva SAC was well founded. Among other things, the court held that the leaping feline design displayed on shin guards imported by the defendant was confusingly similar to Puma's logo.

25 November 2014

LVMH successful on appeal in counterfeiting case

The Administrative Court of Appeals has revoked a resolution of the Trademark Office in which the latter had rejected a trademark infringement action filed by LVMH against an importer of purses bearing the sign LX and floral designs. The court considered that the LX sign and the floral designs were confusingly similar to LVMH’s monogram trademark.

02 September 2014

Counterfeiter's registration for confusingly similar mark cancelled

The Peruvian Trademark Office has ordered the cancellation of the stylised trademark MIROCA M on the ground that it was confusingly similar to the stylised trademarks WILSON and W, registered in the name of Wilson Sporting Goods Co. When goods bearing the MIROCA M had been seized, the owner of the goods had sought to rely on the fact that she held a valid trademark registration.

26 March 2010

Ex officio border measures implemented

Pursuant to its obligations under the Free Trade Agreement with the United States, the Peruvian government has implemented ex officio border measures. Among other things, if Customs has reasons to presume that certain goods are counterfeit, pirated or confusingly similar to goods protected by IP rights, it may order the suspension of clearance of the goods.