In Peru, trademarks can be removed from the register if a party files a nullity action against its registration based on confusion or bad faith or a cancellation action based on non-use. Trademarks in Peru can be assigned or licensed to another party, provided that the relevant applications are correctly filed. This article answers FAQs about trademark enforcement and transfer in Peru.
In Peru, the trademark application process takes between five and six months. Signs must comply with various requirements to be registered, including being distinctive and not misleading the public. Once a trademark has been registered, it is effective for 10 years. This article answers FAQs about the trademark registration process in Peru.
It is possible to cancel the registration of a trademark where it can be proved that the owner, licensee or other authorised party has not used the trademark in Peru for three consecutive years. Parties may also request the cancellation of a trademark registration on grounds of lack of use during an opposition procedure.
The World Intellectual Property Organisation (WIPO) recently launched a new platform, WIPO Lex-Judgments, which will provide information about national IP laws and international IP treaties through a multilingual search engine. The platform is expected to contribute towards a better global understanding of how the courts – particularly those in WIPO member countries – resolve complex situations that arise from technological innovations.
In 2018 and 2017 respectively, the continued growth of the video game industry in Peru resulted in the development of nearly 600 titles and profits of S7.1 million. The Copyright Directorate has established rules to protect the works of video game creators and developers, which enable these parties to obtain greater rewards when their games launch on the market.
Intellectual property is essential to Peru's economic recovery following the COVID-19 pandemic, which has significantly affected international trade. The National Institute for the Defence of Competition and Protection of Intellectual Property has encouraged the registration of collective trademarks, which enable parties to compete both nationally and internationally.
Despite the ongoing COVID-19 pandemic, authorities continue to promote the development of new technologies that contribute to resolving societal challenges and are properly registered in the patent system. Registering a patent guarantees the inventor's exclusivity rights; however, universities, research centres and the scientific community have free access to patents.
This article provides an overview of the regulation and enforcement of IP rights in Peru. It also examines recent developments, such as the cancellation of the official fees for the filing of collective trademarks, and outlines practitioners' hopes for the IP landscape in the coming years.
According to the National Institute for the Defence of Competition and Protection of Intellectual Property, it granted a substantial number of trademark registrations between January 2020 and August 2020 as a result of the information campaigns developed by the Distinctive Signs Department. The campaigns highlighted how a registered trademark increases the competitiveness of products and services in national and international markets.