Peru is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO) and a party to most Intellectual Property (IP) agreements, including the Berne Convention for the Protection of Literary and Artistic Works, the Paris Convention for the Protection of Industrial Property, the Universal Copyright Convention and the Treaty of Rome on Neighboring Rights. On June 2009, Peru officially became a Patent Cooperation Treaty (PCT) member. IP in Peru is protected by the Andean Community Law, which covers Bolivia, Colombia, Ecuador and Peru; and is mainly governed by Decision 486 for Patents and Trademarks, and Act 822 for Copyrights and related rights. Other norms that must be taken into consideration are Act 27444, which regulates the general administrative procedure in Peru, and Legislative Decree 1075, which approves supplementary provisions to Decision 486. The administrative agency in charge of IP matters is the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI), which was founded in November 1992 and is recognized as one of the most efficient administrative agencies in Latin America. Because Peru’s legal framework provides safe, fast and easy proceedings to register Patents, Trademarks and Copyrights, many companies, businessmen, inventors and entrepreneurs have succeeded in protecting their rights. 　　

Patents

　　In Peru, inventions, utility models and industrial designs are patentable, provided that they are new, involve an inventive step and are industrially applicable. An applicant can also obtain protection certificates for layout designs of integrated circuits and new plant varieties, and authorization certificates to use the collective knowledge of indigenous peoples. An invention, utility model or industrial design may be deemed new when it is not included in the state of the art; shall be regarded as involving an inventive step when it is neither obvious nor obviously derived from the state of the art; and may be deemed as industrially applicable when its subject matter may be produced or used in any type of industry. The state of the art comprises everything that has been made available to the public by written or oral description, use, marketing, or any other means prior to the filing date of the patent or of the priority claimed. Patents for inventions are granted for a period of 20 years since the application is filed, while patents for utility models and industrial designs are granted for a period of 10 years since filing. Plant varieties are protected for 25 years since the breeder’s certificate is granted. The Peruvian legal framework concerning Patents is designed to effectively promote technological innovation in Peru and abroad. Authorities are well aware of the importance of technology in human development, so they are constantly improving the patenting proceedings. 　　

Trademarks

Peru’s trademark law is largely consistent with international standards. Its trademark office, consisting of experts in dealing with trademark matters and litigations, is one of the most professional and highly efficient in Latin America. The promotion of a competitive market, based on a culture of development and respect for intellectual property, is one of the main tasks of the Peruvian Trademark Office. Because Peru is a first-to-file country, obtaining a registration is highly recommended. Proceedings may last between 4 and 7 months. Priority can be claimed as established in the Paris Convention for the Protection of Industrial Property and multi-class applications can be filed. Words, figures, sounds, smells, letters, numbers, colors, shapes and any combination of them, can constitute a trademark. Once granted, a trademark is protected for 10 years and can be indefinitely renewed every 10 years, 6 months prior to its expiration or during the 6 months after its expiration. 　　

Copyrights

Peru’s copyright law is generally consistent with the TRIPs Agreement. Protection is for all intellectual works in the literary or artistic scope, whatever their genre, form of expression and merit or purpose. The work from an author is protected for all his life and 70 years after his death. Besides protecting the literary and artistic works of authors, copyright law in Peru protects the heirs of these authors and the holders of rights related to copyright, meaning editors, producers, interpreters, etc. Its main goal is to safeguard cultural heritage. In recent years, Peruvian Authorities, in coordination with the private sector, have conducted numerous raids on largescale distributors and users of pirated goods. Also, diverse campaigns promoting an attitude of respect towards authors and their works have been organized.

Provided by Gino T. Piaggio, Attorney at Law at Valencia Law Office.

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