The fight for improved IP enforcement in Peru


Lilie Delion and Virginia Delion

In recent years, the filing of infringement actions has increased and the fight against counterfeit products has greatly intensified.

For intellectual property lawyers as representatives of brand owners in Peru, lobbying for improved IP enforcement is vital. Many counterfeit goods enter the Peruvian market every day, and while 10 years ago, it was simply falsified t-shirts, bags and watches, now the offenders have the technology to make all sorts of products, including medicines and spare parts for motors and aircraft.

However, recent events have improved the situation, thanks to the Free Trade Agreement signed with the United States of America.

When the agreement was implemented on June 28, 2008, the Peruvian government issued Legislative Decree No. 1075, which brought several innovations to the field of intellectual property: it prescribed that all infringement actions concerning trademark rights must be resolved in a maximum of 180 working days; and more severe potential penalties for infringement were imposed, of up to $200,000.

anti-counterfeiting, INDECOPI