Registering Trademarks and Patents in Peru

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Like Colombia, Peru applies the common industrial property rules of the Andean Community (Decision 486). Registrations are national, so a Peruvian filing is needed to be protected in Peru.

1. Trademarks

• Authority: the National Institute for the Defence of Competition and Protection of Intellectual Property (INDECOPI).
• Routes: a national application (multi-class filings are allowed) or an international registration designating Peru under the Madrid Protocol.
• Procedure: formal review, online publication, a 30 business-day opposition period and substantive examination. Uncontested applications are often registered within about four to six months.
• Term and use: 10 years, renewable. Marks not used for three consecutive years can be cancelled.
• Andean opposition: owners of marks in other Andean countries can oppose Peruvian applications if they also file in Peru.

2. Patents and utility models

• Invention patents: 20 years from filing.
• Utility models: 10 years from filing.
• Routes: national filing, Paris Convention priority within 12 months, or PCT national phase. INDECOPI takes part in Patent Prosecution Highway programmes.

3. Industrial designs

Industrial designs are protected for 10 years from filing. File before public disclosure to preserve novelty.

4. Practical tips

• Search INDECOPI’s database and file before appointing importers or distributors.
• Coordinate filings with Colombia, Ecuador and Bolivia if you sell across the Andean region.
• INDECOPI also handles administrative infringement actions, which can be a cost-effective way to stop counterfeits.
• Record your rights with customs (SUNAT) to support border measures.

The views expressed are personal and do not necessarily represent the position of NET CRAMAN. This article is for general information only and does not constitute legal advice. Rules change over time; seek specific advice before acting.