Unión Andina de Patentes

Domain names versus trademarks

26

May2020
The nature of a trademark and the nature of a domain name are different, which is why it generates controversies. The registered trademark confers territorial rights limited by a certain class of the International Nomenclature, while the domain name does give its owner a cross-border right. In that sense, we ... Read More
An introduction to Advertising Principles

26

May2020
Advertising Principles Advertising legislation is regulated by Legislative Decree 1044, Law on Repression of Unfair Competition. 4 basic principles apply: 1.- Principle of Veracity[1] The objective of any advertisement is to promote the services or products for consumers to purchase. In this way, humor or exaggeration are allowed in advertising. For example, if ... Read More
Guidelines applicable to the procedure for Compulsory Patent Licenses in Peru

19

May2020
Exploitation of a patent and Common Regime of Compulsory Licenses The owner of a patented invention has the obligation to exploit it commercially, either directly or through licensing[1]. Andean regulation indicates what is understood by commercial exploitation[2]: Industrial production of the product covered by the patent, or, The full use of ... Read More
A brief overview on the Licenses Regime for Trademarks and Patents

19

May2020
Granted trademarks and patents provide exclusive rights to their holders, which gives them the possibility of preventing third parties from carrying out unfair competition acts such as exploit such intangible assets without previous consent. Licenses on Intellectual Property rights result from a contract in which the owner of those rights (licensor) ... Read More
Impact of Intellectual Property in the Economy

11

May2020
Historically, societies understood the need to protect innovative ideas or developments that would facilitate daily tasks. It was not until the industrial revolution that a modern patent system was implemented, which consisted of making inventions exclusive, leading inventors to access monetary remuneration, depending on market success. The capacity to put ... Read More

11

May2020
Background The Peruvian National Authority for the Protection of Persona Data[1] is exercised by The General Directorate for Transparency, Access to Public Information and Protection of Personal Data.[2] The National Authority for the Protection of Persona Data, which depends hierarchically on the Vice-Ministerial Office of Justice of the Ministry of Justice and ... Read More
Indecopi

05

May2020
The Presidency of the Directing Council has issued the Institutional Working Paper “INDECOPI Proposals for the strengthening the Enforcement of Intellectual Property Rights”. This document has interesting proposals that involves granting rewards for piracy and counterfeiting complaints, and a ranking of offenders. Rewards Program: Indecopi recognizes the difficult work of identifying ... Read More
The Pirate Bay

05

May2020
Background: Intellectual Property in Peru, as in most Latin American Countries, are regulated by two main Rights: Moral Rights and Economic Rights. Moral Rights are characterized by being inalienable, perpetual, imprescriptible and unseizable. On the other hand, Economic Rights are transferable and time limited. Within Moral Rights we have the right of ... Read More
American Colors

27

Apr2020
Summary: By Resolution 0033-2020/TPI-INDECOPI, The Chamber of Intellectual Property recognized American Colors as a well-known distinctive sign in class 2 (paints) due to the constant and nation-wide promotion of the trademark. Background of the Case On June 15, 2018, Nino Wilder Cordero Jon Tay (Peru) filed the application of the trademark AMERICAN ... Read More
Researchers fighting Covid-19

27

Apr2020
In the midst of the current situation and world crisis due to the Covid-19, the Peruvian government intends to promote innovation through competitions among national inventors, whether independent, research centers, universities, or public institutions and even international or foreign centers domiciled in Peru, may participate and obtain financing and technical ... Read More