Trademarks—Peru—Q&A guide
Trademarks—Peru—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Trademarks—Peru—Q&A guide
  • 1. What is the primary legislation governing trademarks in your jurisdiction?
  • 2. Which international trademark agreements has your jurisdiction signed?
  • 3. Which government bodies regulate trademark law?
  • 4. Who may apply for registration?
  • 5. What may and may not be protected and registered as a trademark?
  • 6. Can trademark rights be established without registration?
  • 7. Is a famous foreign trademark afforded protection even if not used domestically? If so, must the foreign trademark be famous domestically? What proof is required? What protection is provided?
  • 8. What are the benefits of registration?
  • 9. What documentation is needed to file a trademark application? What rules govern the representation of the mark in the application? Is electronic filing available? Are trademark searches available or required before filing? If so, what procedures and fees apply?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to trademarks in Peru published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2020).

Authors: Estudio Colmenares & Asociados—Maria del Carmen Arana Courrejolles

1. What is the primary legislation governing trademarks in your jurisdiction?

Decision 486 of the Commission of the Andean Community and legislative Decree No. 1075 and its subsequent modification, Legislative Decree No. 1397.

2. Which international trademark agreements has your jurisdiction signed?

  1. The General Inter-American Convention on Trademark and Commercial Protection, Washington, 1929;

  2. the Agreement on Trade-Related Aspects of Intellectual Property Rights (including trade in General Agreement on Tariffs and Trade Counterfeit Goods);

  3. the Paris Convention for the Protection of Industrial Property;

  4. International Union for the Protection of New Varieties of Plants;

  5. the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration;

  6. the Bilateral agreement with France; and

  7. international free trade agreements between Peru and the following: Australia, China, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, Costa Rica, Cuba, Guatemala, Honduras, the European Free Trade Association, the European Union, Japan, Mercosur, Mexico, Panama, South Korea and the United States.

3. Which government bodies regulate trademark law?

The National Institute for the Defence of Competition and Intellectual Property Protection.

4. Who may apply for registration?

Any interested person, either individual or legal entity, public or private, Peruvian or foreign,

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