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 ...
May 26, 2020Unión Andina de Patentes
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) ...
May 19, 2020Unión Andina de Patentes
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 ...
May 5, 2020Unión Andina de Patentes
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 ...
April 27, 2020Unión Andina de Patentes
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 demostrate the first use of the trade name. The protection of ...
March 1, 2017Unión Andina de Patentes
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 detailed in the trademark registration but belong to a genre must have a ...
January 27, 2017Unión Andina de Patentes
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 authority provided that it serves the purpose of the agreement. By Resolution ...
December 27, 2016Unión Andina de Patentes