New avenues for trademark protection


Alain C. Delion

Peruvian law provides two ways to obtain protection against the misuse of registered trademarks.

The first is the administrative channel through infringement actions filed before Peru’s patent and trademark office (INDECOPI), based on Decision 486 of the Andean Community and Legislative Decree No. 1075. The second is the judicial channel through the laws against the infringement of industrial property rights contained in the Penal Code.

To date, the administrative channel is the most used channel because of the speed of procedures and the possibility of finding an agreement to repair as far as possible the interests of injured trademark owners, because it contemplates the possibility that at the conciliation hearing the infringer would pay some sort of financial compensation for its actions.

In the administrative channel no fraud is needed to constitute an infringement. It must merely be demonstrated that the accused is responsible for the relevant act of commerce in order to prove administrative responsibility.

INDECOPI, trademark protection, anti-counterfeiting