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04 April 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.

21 March 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.

01 March 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.

29 January 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.

07 November 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.

04 July 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.

07 June 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.

30 January 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. 

02 November 2016

Peru establishes new specialised criminal courts

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.

19 October 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’.

06 October 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.

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.

12 January 2016

First-time jail sentence for IP crimes issued

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.

07 December 2015

Nestlé applies for registration of yellow colour mark for Class 30 goods

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.

11 November 2015

Electronic publication of trademark applications likely to reduce registration costs

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 Electronic Gazette. It is expected that, once the new system has been implemented, the total costs for registering a trademark in Peru will decrease.