PERU: Modification of deadlines in trademark procedure and infringement actions

July 2022

In Peru, the basic industrial property legal framework is the Common regime on industrial property contained in Decision 486 of the Andean Community. This community standard is complemented with norms issued by national authorities to regulate certain details and facilitate the application of the common regime. The main national norm in this regard is Legislative Decree 1075 of 2008, which establishes complementary provisions to Decision 486.  

Legislative Decree 1075 has been amended and expanded several times. The last amendment was introduced by Law 31497, published last June 21, which establishes maximum time periods to conclude certain administrative procedures before INDECOPI, the national intellectual property authority. These deadlines bind the administrative authority and should provide greater predictability to users with respect to the duration of their applications and proceedings.

Legislative Decree 1075, as amended, sets the following maximum deadlines for these procedures:

  • Renewal of a trademark registration: ninety (90) working days counted the filing of the renewal application.
  •  Recording a change to a trademark registration: sixty (60) working days from the filing of the request to record the change. 
  • Total or partial renunciation of a trademark registration: ninety (90) working days from the filing of the request to record the renunciation. 
  • Precautionary measures in cases of infringement: fifteen (15) working days from the filing of the request for precautionary measures, or from the correction of omissions in such request, where applicable. 
  • Inspection visit (inspection diligence) in case of infringement of an industrial property right: ten (10) working days from the filing of the request for inspection, or of the correction of omissions in such request, where applicable. 
  • Inspection visit – coordination between the party requesting the inspection and the competent INDECOPI authority:  thirty (30) working days from the date of notification of the resolution ordering the inspection.

These new provisions apply to proceedings initiated after the entry into force of Law 31497. The implementing regulations should be issued within 60 working days after the law’s entry into force.

It is worth mentioning that INDECOPI maintains a good track record of efficiency and speed in its formalities and procedures, to the satisfaction of all the users of its services. This recent amendment to Legislative Decree 1075 is expected to provide greater security and predictability in those activities to the benefit of right holders and users of the system.

Octavio Espinosa