IP in Peru
This page provides practical information to help you make the most of your IP when doing business in Peru.
This page provides practical information to help you make the most of your IP when doing Business in Peru.
If you plan to do business in Peru, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
British business looking for access to intellectual property advice and support should contact our Brazil based IP Attaché for Latin America and the Caribbean, based in the Consulate General, Sao Paulo.
The National Institute for the Defence of Competition and Protection of Intellectual Property (INDECOPI) is the body responsible for operating the intellectual property system in Peru.
Please note that information on this site is predominantly in Spanish.
Trade marks
There are two types of trademarks available in Peru
- those based on aim such as a certification trademark, aimed at showing consumers that certain goods or services meet particular standards;
- or those based on presentation, such as a word trademark, comprised exclusively of words, letters and/or numbers
To file a trademark application it must be filed with INDECOPI, in Spanish.
Patents
Like in the UK, patents for inventions can be protected for up to 20 years in Peru. This term is not renewable and is counted from the date the application was filed.
Applications must be filed in Spanish at INDECOPI.
Peru is also a signatory of the Patent Cooperation Treaty (PCT), which allows for the filing of international patent applications and the Patent Prosecution Highway (PPH) which can accelerate a patent application.
Designs
In Peru the length of protection for an industrial design is 10 years. This term is not renewable and is counted from the date the application was filed.
Good to know
An application must be filed in Spanish at INDECOPI.
Copyright
Typically, the length of protection for copyright in Peru is the lifetime of the creator plus 70 years after that. However, in Peru different types of works are afforded different lengths of protection so it is best to check the length of protection in relation to your specific creation.
You can register works at INDECOPI, however, this is not a requirement for protection. This may be useful as evidence of ownership for licensing and enforcement action. Please note this does not determine ownership.
Good to know
Registration should be filed at INDECOPI in Spanish.
Enforcing your rights
If you believe that someone is using or benefitting from your IP rights without your consent, it is advisable to seek legal advice at an early stage.
You may wish to look into the following options if you are concerned about your IP rights, please note that this list is not exhaustive and other avenues may be available:
- You could file a claim with INDECOPI against a third party who is using or exploiting your IP without your authorisation. It is useful to note you can file a claim in the event of suspected infringement and if you feel a potential infringement is imminent.
- In the case of a breach of the principle of “honest use and practices”, such as conduct that seeks to mislead or confuse consumers as to the real origin of the products or services, an unfair competition action may be filed.
- You could consider criminal proceedings.
More information
Relevant links that may be of interest:
The British Embassy in Lima helps and supports British nationals and businesses.
The British Peruvian Chamber of Commerce helps and supports British businesses to trade in Peru.
Visit these Department for Business and Trade pages for more information about doing business in Peru.