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Peru (PE)

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Okt 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.


Sep 20, 2018 (Newsletter Issue 16/18)
Competences of Trademark Office Expanded
On 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 here


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.


Mrz 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 Distinctives 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.
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.
The grace period for renewals is 6 months after the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used for a continuous period of 3 years in a member state of the Andean Community, it may be subject to cancellation action for non-use by third interested parties as means of defense.

Further practical details are available in our publication on this topic here
The 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 licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Jul 22, 2019
OMC Abogados & Consultores, Lima, Peru

Jul 20, 2019
Scavia & Scavia, Lima, Peru

Jun 19, 2018
OMC Abogados & Consultores, Lima, Peru

Mrz 23, 2017
OMC Abogados & Consultores, Lima, Peru

Jul 22, 2015
OMC Abogados & Consultores, Lima, Peru

Nov 25, 2014
OMC Abogados & Consultores, Lima, Peru

Jul 03, 2013
Estudio Colmenares, Lima, Peru

Jun 27, 2013
OMC Abogados & Consultores, Lima, Peru

Jan 05, 2012
OMC Abogados & Consultores, Lima, Peru

Dez 13, 2011
Estudio Colmenares, Lima, Peru

Arturo Diaz & Asociados Law Offices

Av. Victor Andres Belaunde 147, Edificio Real 6, Piso 07 - San Isidro
27 Lima
Peru (PE)

Scavia & Scavia

Av. Ricardo Rivera Navarrete Nro. 765
27 Lima
Peru (PE)

National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI)
Calle de la Prosa No. 104
Esquina con Prolongación
Av. Guardia Civil
San Borja, Lima 41
Tel +51 1 22 47 77 7
Fax +51 1 22 40 34 8