Peru - Country Commercial Guide
Protecting Intellectual Property

Provides advice on IPR protection, including information on the registration of patents and trademarks.

Last published date: 2021-10-08

Intellectual property rights (IPR) in Peru are covered by the Andean Community Law (Decision 486 that establishes the common provisions on Industrial Property; Decision 876 that establishes a Common Regime for National Brands; Decision 351 that establishes a Common Regime for Copyright and Related Rights; Decision 345 that establishes a Common Regime for Protecting Breeders’ Rights; and Decision 391 that establishes a Common Regime for Accessing Genetic Resources) and the National Copyright Law (Legislative Decree 1391). The GOP continues working with WIPO to develop a National Policy for Intellectual Property (PNPI), to further strengthen Peru’s IP policy framework. Peruvian law provides the same protections for U.S. companies as for Peruvian companies in all IPR categories under the PTPA and other international commitments, such as the World Intellectual Property Organization (WIPO) and the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). Moreover, Peru is member of the Berne and Brussels Convention; Budapest Treaty; Lisbon Agreement; Beijing Treaty on Audiovisual Performances; Marrakesh Treaty; Paris Convention; Patent Cooperation Treaty; Patent Prosecution Highway Program (Global PPH); Phonograms Convention; Rome Convention; Singapore Treaty; Trademark Law Treaty; UPOV Convention; WIPO Convention; WIPO Copyright Treaty; and WIPO Performances and Phonograms Treaty.

The National Institute for the Defense of Free Competition and the Protection of Intellectual Property (Indecopi) continues to be the most engaged GOP agency and is a reliable partner for the USG, the private sector, and civil society. Indecopi is responsible of protecting IPR, administers patent, trademark, and copyright registrations, and handles administrative enforcement cases. In addition to Indecopi, IPR enforcement also involves other GOP agencies and offices, such as the Peruvian National Police (PNP), the Tax and Customs Authority (SUNAT), the Ministry of Production (PRODUCE), the Judiciary and the Ministry of Health’s (MINSA) Directorate General for Medicines (DIGEMID), and the Office of the Attorney General (Fiscalía). Fiscalía has specialized IPR prosecutors’ offices that solely focus on IPR crimes. The Peruvian Customs Service (Aduanas) works along with Indecopi to make sure that illegal goods do not cross Peru’s borders. Indecopi is entitled to grant preliminary injunctions (medidas cautelares) to seize infringing goods when Customs alert the right holders.

Peru remains on the Watch List in 2021 due to the long-standing implementation issues with the intellectual property (IP) provisions of the PTPA, particularly with respect to establishing statutory damages for copyright infringement and trademark counterfeiting as well as a notice-and-takedown and safe harbor system for Internet service providers. With respect to IP enforcement, Peru has been a leader in the region over the past few years taking number of positive steps in 2019. For example, Peru introduced legislation that criminalizes unauthorized camcording in movie theaters in a manner that allows for effective enforcement. Peru also conducted more than 2,364 operations to seize more than $140 million in counterfeit goods in 2019. Peru has also taken many administrative enforcement actions. INDECOPI granted 532 preliminary injunctions on trademark matters, an increase of 14% from 2018. In 2019, as part of its anti-piracy efforts, INDECOPI also seized illegal merchandise worth $2.2 million and took actions against online copyright infringement. Peru’s Customs and Indecopi signed a cooperation agreement in July 2019 to protect IP rights and to prevent the entry of high-risk counterfeit goods. In addition, Peru will increase the number of prosecutions against counterfeiting and piracy, continue prosecuting individuals involved in the sale of counterfeit medicines, and expand the imposition of deterrent-level fines and penalties for counterfeiting and piracy more broadly.

In any foreign market, companies should consider several general principles for effective protection of their intellectual property. For background, refer to the articles on Protecting Intellectual Property and Stopfakes.gov for more resources.

Information on Intellectual Property:

U.S. Department of Commerce (U.S. Embassy Lima, Peru)

3230 Lima Place, Washington, DC 20521, Tel.: (511) 618-2442

E-mail: USPTOAndeanRegion@trade.gov

Staff:  Silvia Solis, Intellectual Property Legal Specialist

For more information, contact ITA’s Office of Intellectual Property Rights Director, Stevan Mitchell at: Stevan.Mitchell@trade.gov