Alejandro Castro Angulo
Lawyer - General Representative
Abstract
By Legislative Decree N° 1309 the Executive issued a series of modifications to Legislative Decree N° 1075, in particular, trade name regulation. Through the modification of article 84, means of proof are now being regulated in order to ... Read More
01
Mar2017
03
Feb2017
Alejandro Castro Angulo
Lawyer - General Representative
Abstract:
On December 30, 2016, Legislative Decree No. 1309 was published as part of a series of Legislative Decrees issued by the Executive in matters of administrative simplification. In the ... Read More
27
Jan2017
As part of a cancellation proceeding, is it possible to keep products or services used in the market that are not specifically detailed in the scope of products or services distinguished by the trademark but are under a genre?
by Unión Andina de Patentes / January 27, 2017 / Cancellation of Registration, Intellectual Property, Trademarks
Alejandro Castro Angulo
Lawyer - General Representative
Abstract
By Resolution N° 2076-2016/TPI-INDECOPI the Intellectual Property Administrative Chamber (hereinafter, the Chamber) issues a new precedent of mandatory compliance about Trademark Parcial Cancellation. Now, the prove of use of products or services that are not specifically ... Read More
26
Jan2017
Carlos Pulcha Guerra
Lawyer
Abstract
Recently the Peruvian Executive Power issued a batch of legislative measures to simplify the administrative procedures, mainly for the simplification of formalities and others to issue (or to complete) the regulation of the Andean Decision 486. For this last case, through ... Read More
26
Jan2017
Jamely García Cañizalez
Lawyer
Abstract:
Some might think that the competitive relationship should be a fact necessarily demanded by law in an unfair competition procedure. However, attending to the current Peruvian regulatory system of competition, the legitimacy to act in this type of procedure falls in who ... Read More
06
Jan2017
Is the non-use of a trademark the only fact evaluated to declare the cancellation of a registration?
Jamely García Cañizalez
Lawyer
Abstract
According to the Andean Decision 486, the non-use of a trademark is not the only fact that must be analyzed by the authority in order to declare founded a cancellation action. Actually, even when it is not a common case, ... Read More
06
Jan2017
Carlos Pulcha Guerra
Lawyer
Abstract: In Process 121-IP-2014, the Andean Court of Justice developed the concept of national judge confirming the obligation of the national judges of the Andean member countries to request the prejudicial interpretations. This is mandatory for the judicial courts, but does ... Read More
27
Dec2016
Alejandro Castro Angulo
Lawyer - General Representative
Abstract
By Resolution N° 4665-2014/TPI-INDECOPI the Intellectual Property Administrative Court (hereinafter, the Trademark Authority) issues a new precedent of mandatory compliance about Trademark Coexistence Agreement. Now, it should contain certain minimum conditions so it can be accepted by the ... Read More
