In September 2018, Legislative Decree No. 1397 was approved, incorporating geographical indications and traditional specialities guaranteed as elements of Industrial Property. Likewise, the Trademark Office from the Competition and Intellectual Property Agency – INDECOPI, was designated as the competent entity.
The incorporation of geographical indications and traditional specialities guaranteed are aimed ... Read More
06
Jul2020
06
Jul2020
Background
In June 2017, Latam Airlines Group S.A. (hereafter, Latam) filed a complaint against Atrapalo Peru S.A.C. (hereafter, Atrapalo) for using LAN and LATAM trademarks as keywords in ads paid to Google Adwords, in order to identify the online tickets sales through a link that appears as one of the search ... Read More
12
Jun2020
In a social and democratic State, that seeks the efficient economic functioning of the market, legal certainty and equality must be provided, so that through the autonomous bodies the State can rely on these to provide efficiency, control and execution in certain tasks in different areas.
State protects companies or agents ... Read More
12
Jun2020
Trademark Law, like other rights, has limits. In particular, the rights of third parties or legal assets that the system also wishes to protect. Thus, in the case of trademarks, it is important to remember that it was developed within a competitive context, so it must be in harmony with ... Read More
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
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
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
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
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
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