We offer:
- Legal advice on copyright infringements, management, licensing, clearance and acquisitions
- Protection of Intellectual Property assets
- The registration of trademarks, brand management, patents, and licensing
- Actions against trademark infringements.
- Protection of business sensitive confidential information and identification and branding
- Licensing of products and services
OVERVIEW
The Law
Peru is a signatory of the Paris Convention on Industrial Property, the Geneva Convention for the Protection of Sound Recordings, the Berne Convention for the Protection of Literary and Artistic Works, the Brussels Convention on the Distribution of Satellite Signals, the Universal Copyright Convention, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedure, the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, the Patent Cooperation Treaty, the Trademark Law Treaty, the Marrakesh VIP Treaty, and the International Convention for the Protection of New Varieties of Plants (1991 UPOV Convention). The main rules about Intellectual property are local regulations and those specific rules issued by the Comunidad Andina de Naciones (CAN) where Peru is a member jointly with Bolivia, Colombia, and Ecuador. Peru´s regulation on Intellectual property has been aligned with international trends over time.
Law enforcement
When a company believes infringement of their intellectual property rights is occurring, they can first seek an administrative response from INDECOPI, (the Government Agency in charge ). According to Peru’s laws, INDECOPI will investigate the claim, temporarily stop the production and/or sale of the good, and determine appropriate administrative and/or indemnification fines if infringement has occurred. Unfortunately, INDECOPI has struggled with the effectiveness of its enforcement and piracy exists across many sectors of the Peruvian economy. Despite some efforts from the national authorities, different types of violations of IP rights are seen in some industries. These violations range from the widespread existence of piracy to counterfeiting; from lack of patent granting to lack of mechanisms to enforce the existing regulation, among others.