Peru updates


Contributed by Kennedys Law LLP
Aircraft ownership: proving title through registration
  • Peru
  • 24 February 2021

While recording aircraft leases in the public registry is in the best interests of both domestic operators and aircraft owners, the public registry does not constitute a title registry for foreign aircraft. Therefore, the rights of owners of foreign aircraft that operate in Peru may be seen as being insufficiently public under local laws. However, genuine registrations have been extended to cover the supporting documents which record title information, providing reassurance to owners of foreign aircraft that operate in Peru.

Impact of new security interest regime on aircraft finance
  • Peru
  • 18 November 2020

In 2018 the Security Interest Law was replaced by Legislative Decree 1400, which approved the security interest regime but is not yet in force. It is hoped that after Legislative Decree 1400 enters into force, it will become clear how parties can take the best advantage of the security interest on aviation-related assets (eg, aircraft, engines and rentals income), despite any delays that the new law may introduce.

Wakanda-esque restrictions – forever?
  • Peru
  • 09 September 2020

The closure of Peru's borders and the restrictions placed on international flights to and from the country due to COVID-19 have had a highly negative effect on tourism and its related industries. While the ongoing health emergency should not be underestimated, the time to reassess the aviation restrictions has arrived. The aviation industry should at least expect the government to provide clarity with regard to when international operations for passengers will be resumed.

Aviation legislation takes baby steps towards recovery
  • Peru
  • 29 July 2020

The situation faced by the aviation industry is serious and it is likely to be among the sectors which will take the longest to recover from the COVID-19 pandemic despite its importance to the development of a connected world. This article examines recent amendments to Article 274 of the Regulations of the Civil Aviation Law which aim to address the effects of the pandemic on the Peruvian aviation industry.

Intellectual Property

Contributed by OMC Abogados & Consultores
Common terms in pharmaceutical trademarks
  • 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
  • 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
  • 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
  • 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
  • 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.

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