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Opposition Term

30 Days

Registration Term

10 Years

First Renewal Term

10 Years

Subsequent Renewal Term

10 Years

  • The Andean Community Decision 486 - Common Industrial Property Regime in force since 1st December 2000, and the Legislative Decree No. 1075, in force since 1st February 2009 (last amended with the Legislative Decree No. 1397, published on 7th September 2018) - are the primary laws governing the mechanism of trademark registration and protection in Peru. 

  • Peru is a member of the Andean Community. According to the Andean Community agreement, there are common rules in the trademark law of all the member states of the Andean Community, including Bolivia, Colombia, Ecuador, and Peru. 

  • For getting a trademark registered in Peru, an application has to be filed with the Direction of Distinctive Signs of the Peruvian Trademark Office (INDECOPI), which administers the entire trademark registration process.

  • Peru follows the 11th edition of Nice Classification. Multi-class trademark applications are acceptable.

  • The third parties can file opposition actions against a trademark application within thirty (30) working days following its publication date in the official gazette.

  • In Peru, registered trademarks have a validity of ten (10) years from the date of registration, which can be further renewed indefinitely for successive periods of ten (10) years each.

  • The grace period to renew a trademark after the date of expiry is six (06) months. 

  • The term for cancellation of a registered trademark based on non-use is three (03) years from the date of registration.

  • Peru is a member of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT).

  • The Andean Community Decision 486, Common Industrial Property Regime in force since 1st December 2000 - deals with the mechanism of patent protection in Peru. 

  • For seeking patent protection in Peru, an application has to be filed with the Patent Office of INDECOPI (the government agency in charge of IP protection), which administers the entire process of patent grant.

  • In Peru, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected. 

  • The types of patent applications that can be filed include Non-Convention Application, Convention Application, PCT National Phase Application, and Divisional Application.

  • The time-frame for PCT national phase filing is thirty (30) months. 

  • In Peru, an opposition against a patent application can be raised at the pre-grant stage within two (02) months approximately following its publication date.

  • The patent of invention lasts for twenty (20) years in Peru. The first annuity will be due in the 1st year, and the last annuity will be due in the 19th year. The payment of annuities must be made within three (03) months before the due date. There is a grace period of six (06) months for the payment of annuities.

  • Peru is part of the Andean Community, which also has Bolivia, Colombia, and Ecuador as its other members. The Andean Community has a common Intellectual Property Regime known as DECISION – 486, applicable to all the 04 member-states, to which they all have to adhere.

  • In Peru, an industrial design application will receive an initial examination on both absolute and relative grounds. The design is then published for opposition, and if no oppositions are filed, the patent office proceeds to examine the registrability of the design.

  • The types of industrial design applications that can be filed in Peru include Non-Convention Application and Convention Application. 

  • Utility model protection isn't provided under industrial design protection in the nation.

  • Opposition against an industrial design application can be raised within one (01) month from the date of publication of the industrial design.

  • The maximum term of industrial design protection in Peru is ten (10) years from the date of application. It is not renewable. 

  • There is neither an official grant fee nor any annual fee for maintaining a registered industrial design in Peru.

  • Peru is a member of the Berne Convention for the Protection of Literary and Artistic Works, the Universal Copyright Convention, and the WIPO Copyright Treaty.

  • The Copyright Law (Legislative Decree No. 822) is the basic legislation governing copyright protection in Peru.

  • In Peru, copyright is recognized for original works in the literary and artistic fields, irrespective of their kind, manner of expression, merit, or purpose.

  • The Copyright Office of INDECOPI (the government agency in charge of IP protection) registers copyright and neighboring rights in Peru. 

  • The standard copyright protection term lasts for the lifetime of the author plus seventy (70) years following his death. However, the duration of copyright protection varies depending on the type of work.

  • In Peru, a copyright infringement action can be brought when a third party, without the prior consent of the owner, engages in any reproduction, communication, distribution, or other forms of exploitation of the work, either in whole or part, except where the copyright law expressly provides otherwise.