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22 February 2021
What statutes, regulations and case law govern IP rights in your jurisdiction?
In Peru, trademarks and patents are governed by:
Copyright is governed by:
Are there restrictions on how IP rights may be enforced, licensed or otherwise transferred?
There are no restrictions in this respect.
Which authorities are responsible for granting, administering and enforcing IP rights in your jurisdiction?
The National Institute for the Defence of Competition and the Protection of Intellectual Property is responsible for granting, administering and enforcing IP rights in Peru.
What types of legal or administrative proceedings are available for enforcing IP rights in your jurisdiction?
The nullity action is available with respect to trademarks which have been registered by mistake.
What remedies are available in your jurisdiction to a party whose IP rights have been infringed?
The following remedies are available to parties whose IP rights have been infringed:
Does your jurisdiction participate in any IP protection treaties or other similar agreements?
Yes – the main IP protection treaties to which Peru is a party are:
What do you consider to be the most significant IP developments to have taken place in your jurisdiction in recent years?
The most significant development has been the cancellation of the official fees for the filing of collective trademarks.
What are the major IP developments currently unfolding in your jurisdiction?
There are no major IP developments currently unfolding in Peru.
What are your hopes and expectations for the IP landscape in your jurisdiction in the coming years?
It is hoped that IP rights holders in Peru will be able to file cancellation actions against trade names, a procedure which has been accepted in other Andean Community countries.
For further information on this topic please contact Oscar Mago at OMC Abogados & Consultores by telephone (+51 502 6467 or +51 628 1238) or email (firstname.lastname@example.org). The OMC Abogados & Consultores website can be accessed at omcabogados.com.pe.
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