Peru: Important Milestones In Intellectual Property In 2016 And What To Expect In 2017

Author:Mr Nicolás Alarcón
Profession:Clarke, Modet & Co

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...

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