News

Peru: Important milestones in Intellectual Property in 2016 and what to expect in 2017

2016 was not a year of many changes matters of Intellectual Property in our country, However, The National Institute for the Defense of Competition and Intellectual Property (Henceforth “Indecopi”) facilitated the acceleration in the process concerning the patent registration, establishing criteria to be applied by its decision-making bodies, among other important issues.

Thus, in the matter of patents, Peru signed agreements with, Spain, Mexico, and some other countries in order to implement the Patent Prosecution Highway (Patent Prosecution Highway – PPH). This tool allows every patent applicant who already has a positive substantive examination or a granted patent registration to request Patent Prosecution Highway of its procedures to seek patent protection for an invention before other patent office in which a PPH has been signed.

Regarding Distinctive Signs, a new jurisprudential criterion was stablished through the Resolution No. 2076-2016/TPI-INDECOPI about the application of the Article 165 of decision 486, Common Intellectual Property Regime.

Thus, it was established that, it only proceeds to maintain trademarks in force to distinguish the goods and services for which the holder should effectively prove the use. Used to be that it was possible to maintain the Trademarks in force, even for the products belonging to the same genus as those on which the use of the Trademarks was demonstrated.

It is also noteworthy, in the matter of the Distinctive Signs, that the 10th Denomination of Origin, Cacao Amazonas Peru has been granted. With which, producer of the geographical area established in the declaration of protection may use this Denomination of Origin to differentiate their product, Cacao Amazonas Peru, from other similar ones that are offered in the market, because it has characteristics that make it unique and attract the consumer´s preference.

Furthermore. In the matter of Copyrights, on 2nd February 2016, The Congress of the Republic ratifies the Treaty of Marrakech which facilitates access to published Works for visually impaired and the blind.

The Treaty obliges the signatory states to introduce changes and exceptions in the copyright laws in order to facilitate the Access to published Works for, visually impaired and the blind or other print-disabled persons.

Last year, also brought several guidelines established by the Indecopi, which are intended to harmonize the criteria developed by its decision-making bodies with competence in the matter of Intellectual Property protection.

In this regard, the following are of special interest:

• In the matter of Copyrights: Indecopi stipulated the approval of guidelines for the legal use of computer programs or software, on general aspects of this type of works, assumptions on which the user can be considered infringer of rights, powers of the commission in respect of infringements committed, among other aspects.

• In the matter of Distinctive Signs: The guidelines approved by the Indecopi develop the methodological aspect that should be observed in the market studies, as evidentiary support which aims to prove the notoriety of a distinctive sign.

Another relevant fact was related to the change of authorities in the Indecopi, since on September 13, 2016, assumed duties as the president of the Directive Council, Mr. Ivo Gagliuffi Piercechi who replaces Mr. Herbert Tassano Velaochaga.

Meanwhile, the new year brings important changes such as, amendment of the Legislative Decree No. 1075, which approves complementary provisions to Decision 486, which will be effective in 2017, and it is aimed at simplifying procedures in the matter of Intellectual Property.

Additionally, the International Classification of Goods and Services of Nice has been updated, with the entry into force of the 11th edition on January 1st, 2017.

Finally, we hope that the Congress of the Republic ratifies the Beijing Treaty, on the protection of audiovisual performances in the matter of Copyrights.

Carmen Sánchez-Puelles