Border measures


Lilie Delion and Alain Delion

In February 2009, improvements to border measures for protecting Peruvian trademarks and copyrights came into effect.

These enhance the detection and immobilisation of counterfeit and pirate products coming into Peru and prevent damage to rights holders. Customs can immobilise not only products in transit, but also those imported for trade in Peru.

These measures have their legal basis in Legislative Decree No. 1092 of June 28, 2008 and its regulation, Supreme Decree No. 003-2009-E of January 13, 2009, which approve border measures for the protection of trademarks, copyrights and related rights. It is worth pointing out that Peru’s customs implemented the system about three months ago and, currently, it is possible to record trademarks at the Peruvian customs administration.

The proceeding starts with the submission of an application by the rights holder or its legal representative to the customs administration, which asks the trademark office for its previous opinion in order to record a trademark registration. Recordation before customs must be renewed within the first 30 days of the year. If no renewal is filed, this recordation will lapse at its expiry date.

border measures, customs