Jul 27, 2022 (Newsletter Issue 10/22)Guidelines on Examination of 3D Marks IssuedOn 13 May 2022, the Court of Justice of the Andean Community published Interpretation No. 81-IP-2020 on the examination of 3D marks. The new guidelines clarify that 3D marks may consist only of shapes or be a combination of shapes and additional elements and describe the different elements that the Andean Community’s IP Offices (Bolivia, Colombia, Ecuador, and Peru) must consider when examining these marks. These guidelines are important as they recognize the protection of 3D marks and harmonize how IP offices of the Andean Community examine these applications.
For more information and examples, please click here
Source: Bermeo & Bermeo Law Firm, Ecuador, see INTA Bulletin of 22 June 2022 Jul 27, 2022 (Newsletter Issue 10/22)Accession to Hague System and WIPO’s Classification Treaties SoonOn 18 July 2022, the Peruvian Trademark Office (INDECOPI) announced that it will deposit its accession to the Geneva Act of the Lisbon Agreement and to four WIPO’s classification treaties such as the Nice Agreement, the Vienna Agreement, the Locarno Agreement, and the Strasbourg Agreement.
The accession to the Madrid Agreement regarding the international registration of trademarks is still to be reviewed and analysed.
For more information, please click here Source: www.andina.pe Oct 30, 2018 (Newsletter Issue 18/18)
Accession to Singapore Treaty
WIPO notifies the accession of Peru to the Singapore Treaty on the Law of Trademarks, adopted at Singapore on March 27, 2006.
In conformity with Article 28(3), the said Treaty will enter into force, with respect to the Republic of Peru, on December 27, 2018.
Source: www.wipo.int
Sep 20, 2018 (Newsletter Issue 16/18)Competences of Trademark Office ExpandedOn September 07, 2018, Legislative Decree No. 1397 was published in the official gazette "El Peruano". The Decree amends Legislative Decree 1075, which approves the complementary provisions to the Decision 486 of the Commission of the Andean Community.
The provisions of the administrative procedures under the responsibility of the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI) have been specified.
The range of IP elements which form part of the competences of the Trademark Office INDECOPI has been extended to include:
- Geographical indications
- Traditional specialties guaranteed
The changes will be in force with the publication of the Supreme Decree that regulates them.
Further information can be seen hereSource: www.barlaw.com.pe Sep 05, 2017 (Newsletter Issue 15/17)
Electronic Gazette Implemented
The National Institute for the Defense of Competition and Protection of Industrial Property (INDECOPI) launched the Electronic Gazette of Industrial Property which was approved by Supreme Decree Nº 071-2017-PCM in force since June 30, 2017.
The Gazette is a digital tool for the publication of applications for registrations of distinctive signs, inventions and new technologies. The publication appears on a daily basis.
INDECOPI is responsible for the content of trademark applications and the applications related to other elements of Industrial Property.
However, the applicants are responsible of monitoring the content of the Electronic Gazette. If the applicant detects a material error in the content of the electronic publication, an amendment shall be requested before INDECOPI within the term to file opposition, i. e., 30 working days. The rectification does not override the previous publication.
Source: www.clarkemodet.com
Mar 27, 2012 (Newsletter Issue 5/12)
Regulation for Registration of Pharma Products
The regulation for the registration, control and sanitary surveillance of pharmaceutical products, medical devices and sanitary products has been approved through Supreme Decree 016-2011-SA, published in official gazette El Peruano on July 27, 2011.
This norm establishes a new authorization regime that covers medical devices, pharmaceutical products, herbal (plant-based) health products, and dietary, galenic and biological products. It also includes pharmacovigillance and surveillance for medical devices (technovigillance), as well as inspection procedures for the sanitary authorities.
This decree encompasses all the aspects related to the products included in the Peruvian law for Pharmaceutical Products, Medical Devices and Sanitary Products (Law 29459). Its provisions will be implemented by the General Directorate of Medicinal Products, Supplies and Drugs Agency (DIGEMID), depending on the Peruvian Ministry of Health.
Law 29459 repealed Chapter III, part of Title II, of Law 26842 (General Law of Health).
This regulation also addresses the use of trademarks concerning pharmaceutical products.
The norm entered into force on January 27, 2012.
Source: Moeller IP Advisors, Buenos Aires, Argentina
Jul 20, 2009 (Newsletter Issue 1/09)
Multi-Class Application Now Possible
Currently, the multi-class system has been established, and it is possible to file multi-class applications.
Trademark application must be published in the official gazette “El Peruano” within a period of 30 working days (previously, this term was 3 months from the date of receipt of the office action).
Legal basis is the Andean Community Decision 486 - Common Industrial Property Regime in force since December 1, 2000, and the Legislative Decree No. 1075 in force as from February 1, 2009, last amended with the Legislative Decree No. 1397 published in September 7, 2018.
Peru is a member of the Andean Community.
According to the Andean Community agreement, there are common rules in trademark law in all member states of the Andean Community (Bolivia, Colombia, Ecuador, Peru).
Trademark protection is obtained by registration.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, colors, color of combinations, three-dimensional forms, the three dimensional form of a good or its packaging, holograms, smell and sound marks, and any combination of the mentioned signs.
The following trademark types are registrable: product trademarks, service trademarks, slogans, collective marks, designations of origin, certification marks, traditional specialities guaranteed, and trade names
The application is filled at the Direction of Distinctive Signs of the Peruvian Trademark Office (INDECOPI).
Multiple-class applications are possible. Even though one application is possible, the official fees have to be paid for each class.
Foreign applicants need a local agent.
A non-notarized and non-legalised simply signed power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 5 to 6 months.
Prior to registration, the trademark application will be published in the electronic Gazette of INDECOPI.
National:
The opposition period is 30 working days from publication date of the application. Oppositions are also possible by owners of trademarks in other member states of the Andean Community.
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is approx. USD 170.00 per class. The publication is not paid since it is published in the electronic gazette.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Jul 25, 2024
OMC Abogados & Consultores, Lima, Peru