OMC Abogados & Consultores updates

Fanciful marks: interpretation and legislation
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 07 June 2021

Fanciful marks are those which are exclusively created or invented by their author to constitute a trademark. They are original, have no meaning and are unrelated to the product or service that they intend to distinguish. It can be difficult to impose a fanciful mark on the market in such a way that consumers remember it and associate it with the product or service that it distinguishes. However, once positioned in the market, the public is unlikely to forget a fanciful mark because it is original and novel.

Trademark cancellation for lack of use: not always a reliable strategy
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 31 May 2021

Due to the complexity of the Andean Community's legislation on the partial cancellation of trademarks, the Trademark Office of the National Institute for the Defence of Competition and the Protection of Intellectual Property has issued two mandatory precedents in this regard. Such precedents aim to reflect a more accurate reality of trademark use, which favours fair competition in the market.

Trademark enforcement and transfer: FAQs
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 17 May 2021

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.

Trademark registration FAQs
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 03 May 2021

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.

Cancellation of trademark registrations
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 19 April 2021

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.

Common terms in pharmaceutical trademarks
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 12 April 2021

Pharmaceutical trademarks often comprise a combination of elements (eg, prefixes, suffixes or commonly used words) that evoke the product's properties, active ingredients or therapeutic function. Any party may include commonly used terms in a trademark. However, to avoid the risk of confusion, pharmaceutical trademarks must include elements in addition to the common term to ensure that consumers can identify and distinguish the product's commercial origin.

Legal protection for video games
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 15 March 2021

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.

Registering collective trademarks during COVID-19 pandemic
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 08 March 2021

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.

Promotion of patented inventions during COVID-19 pandemic
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 01 March 2021

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.

Legislative overview – Peru
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 22 February 2021

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.

INDECOPI contributes to economic recovery by granting substantial number of trademark registrations
OMC Abogados & Consultores
  • Intellectual Property
  • Peru
  • 08 February 2021

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.

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