Intellectual Property Laws at Peru
Peru has a robust and evolving intellectual property (IP) legal framework, aligning with international standards to foster innovation and protect creators' rights. Here's an overview of the key aspects of IP law in Peru:
🏛️ Legal Framework
The primary legislation governing IP in Peru includes
Decision 486 of the Andean Community: Provides a unified IP regime for member countries, including Peru
Legislative Decree No. 1075:Establishes regulations for patent protection
Copyright Law (Legislative Decree No. 822):Protects literary, artistic, and scientific works
Industrial Property Law (Legislative Decree No. 1033):Covers trademarks, industrial designs, and other industrial property rights These laws are administered by the National Institute for the Défense of Competition and the Protection of Intellectual Property (INDECOPI), which is responsible for IP registrations, enforcement, and dispute resolution
📄 Types of IP Protection
1. Trademarks
Eligibility Distinctive signs capable of distinguishing goods or service.
Duration 10 years from the registration date, renewable indefinitely.
International Filing Peru is a member of the Nice Agreement and the Vienna Agreement, facilitating international trademark registration.
2. Patents
Eligibility Inventions that are new, involve an inventive step, and are industrially applicable.
Duration 20 years from the filing dat.
International Filing Peru is a member of the Strasbourg Agreement, establishing the International Patent Classification.
3. Industrial Designs
Eligibility The aesthetic aspects of a product that are new and original.
Duration 10 years from the registration dat.
International Filing Peru is a member of the Locarno Agreement, providing an international classification for industrial design.
4. Geographical Indications
Eligibility Names identifying goods originating from a specific geographical area, possessing qualities or a reputation due to that origin.
International Filing Peru is a party to the Geneva Act of the Lisbon Agreement, enabling international protection of appellations of origin and geographical indication.
5. Copyright
Eligibility Original works in the fields of literature, science, and ar.
Duration Life of the author plus 70 year.
International Filing Peru is a member of the Berne Convention, facilitating international copyright protectio.
⚖️ Enforcement and Legal Actions
INDECOPI is responsible for administering IP rights and handling enforcement action. IP enforcement involves cooperation among various institutions, including the Peruvian National Police (PNP), Tax and Customs Authority (SUNAT), Ministry of Production (PRODUCE), and the **Ministry of Health’s Directorate General for Medicines (DIGEMID)*. Specialized prosecutors' offices within the Office of the Attorney General (Fiscalía) focus on IP crime. Additionally, the Peruvian Customs Service (Aduanas) collaborates with INDECOPI to prevent the importation of counterfeit good.
🌐 International Treaties
Peru is a member of several key international IP treaties:
Paris Convention for the Protection of Industrial Property
Berne Convention for the Protection of Literary and Artistic Works
Patent Cooperation Treaty (PCT)
Madrid Protocol for the International Registration of Marks
Hague Agreement for the International Registration of Industrial Designs
Nice Agreement for the International Registration of Marks
Vienna Agreement for the International Registration of Marks
Strasbourg Agreement for the International Patent Classification
*Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications
These memberships facilitate the international protection of IP rights for Peruvian creators and business.
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