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