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...
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...
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...
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...
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...
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]:...
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...
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...
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...
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...
