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Peru (PE)

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09-05-2017 (Newsletter Issue 15/17)
Electronic Gazette Implemented
The National Institute for the Defense of Competition and Protection of Industrial Property (INDECOPI) launched the Electronic Gazette of Industrial Property which was approved by Supreme Decree Nº 071-2017-PCM in force since June 30, 2017.

The Gazette is a digital tool for the publication of applications for registrations of distinctive signs, inventions and new technologies. The publication appears on a daily basis.

INDECOPI is responsible for the content of trademark applications and the applications related to other elements of Industrial Property.

However, the applicants are responsible of monitoring the content of the Electronic Gazette. If the applicant detects a material error in the content of the electronic publication, an amendment shall be requested before INDECOPI within the term to file opposition, i. e., 30 working days. The rectification does not override the previous publication.


03-27-2012 (Newsletter Issue 5/12)
Regulation for Registration of Pharma Products
The regulation for the registration, control and sanitary surveillance of pharmaceutical products, medical devices and sanitary products has been approved through Supreme Decree 016-2011-SA, published in official gazette El Peruano on July 27, 2011.

This norm establishes a new authorization regime that covers medical devices, pharmaceutical products, herbal (plant-based) health products, and dietary, galenic and biological products. It also includes pharmacovigillance and surveillance for medical devices (technovigillance), as well as inspection procedures for the sanitary authorities.
This decree encompasses all the aspects related to the products included in the Peruvian law for Pharmaceutical Products, Medical Devices and Sanitary Products (Law 29459). Its provisions will be implemented by the General Directorate of Medicinal Products, Supplies and Drugs Agency (DIGEMID), depending on the Peruvian Ministry of Health.
Law 29459 repealed Chapter III, part of Title II, of Law 26842 (General Law of Health).
This regulation also addresses the use of trademarks concerning pharmaceutical products.
The norm entered into force on January 27, 2012.

Source: Moeller IP Advisors, Buenos Aires, Argentina

07-20-2009 (Newsletter Issue 1/09)
Multi-Class Application Now Possible
Currently, the multi-class system has been established, and it is possible to file multi-class applications.
Trademark application must be published in the official gazette “El Peruano” within a period of 30 working days (previously, this term was 3 months from the date of receipt of the office action).

Legal basis is the Andean Community Decision 486—Common Provisions on Industrial Property in force since December 1, 2000, and the Legislative Decree No. 1075 in force as from February 1, 2009, last amended with the Legislative Decree No. 1309 dated December 30, 2016.
Peru is a member of the Andean Community.
According to the Andean Community agreement, there are common rules in trademark law in all member states of the Andean Community (Bolivia, Colombia, Ecuador, Peru).
Trademark protection is obtained by registration.
Nice classification, 11th edition
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, colours, colour of combinations, three-dimensional forms, the three dimensional form of a good or its packaging, holograms, sound marks and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, designations of origin, certification marks, trade names and titles of establishment.
The application is filled at the Direction of Distinctives Signs of the Peruvian Trademark Office (INDECOPI).
Multiple-class applications are possible. Even though one application is possible, the official fees have to be paid for each class.
Foreign applicants need a local agent.
A non-notarized and non-legalised, simply signed power of attorney is sufficient.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
The processing time from first filing to registration or first office action is approx. 5 to 6 months.
Prior to registration, the trademark application must be published in the official gazette “El Peruano” within a period of 30 working days.
The opposition period is 30 working days from publication date of the application. Oppositions are also possible by owners of trademarks in other member states of the Andean Community.
A trademark registration is valid for 10 years from the date of registration.
The registration is renewable for periods of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used for a continuous period of 3 years in a member state of the Andean Community, it may be subject to cancellation action for non use by third interested parties as means of defense.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is approx. USD 270.00 per class. The publication fee is not included and depends on the size of the publication, which will be determined by the number of goods and services.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 260,00 € 230,00 € 
Word Mark Search (identical) 210,00 € 150,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
OMC Abogados & Consultores, Lima, Peru

OMC Abogados & Consultores, Lima, Peru

OMC Abogados & Consultores, Lima, Peru

Estudio Colmenares, Lima, Peru

OMC Abogados & Consultores, Lima, Peru

OMC Abogados & Consultores, Lima, Peru

Estudio Colmenares, Lima, Peru

Scavia & Scavia

Av. Ricardo Rivera Navarrete Nro. 765
27 Lima
Peru (PE)

Arturo Diaz & Asociados Law Offices

Av. Victor Andres Belaunde 147, Edificio Real 6, Piso 07 - San Isidro
27 Lima
Peru (PE)

National Institute for the Defense of Competition and Protection of Industrial Property (INDECOPI)
Calle de la Prosa No. 104
Esquina con Prolongación
Av. Guardia Civil
San Borja, Lima 41
Tel +51 1 22 47 77 7
Fax +51 1 22 40 34 8