Peru is a signatory of the World Intellectual Property Organization Treaty and the 1996 Interpretation and Phonograms Treaty. The PTPA’s chapter on Intellectual Property (IP) includes aspects such as brands, geographical indications, internet domain names, innovation, and technological development. It also seeks to protect the moral and economic rights of the IP owners. The aspects covered in the chapter were incorporated into national legislation through Law No. 29316 on January 14th, 2009. However, Peru has remained on the U.S. Trade Representative section 301 “Watch List” since 1992 because of continued high piracy rates, inadequate enforcement of IP laws, and weak or unenforced penalties for IP infringements.
The Andean Community Law covers Peru’s intellectual property rights (IPR) through several legal decisions. Among them: Decision 486, which establishes the common provisions on Industrial Property; Decision 876, which establishes a Common Regime for National Brands; Decision 351, which establishes a Common Regime for Copyright and Related Rights; Decision 345, which establishes a Common Regime for Protecting Breeders’ Rights; and Decision 391 that establishes a Common Regime for Accessing Genetic Resources and the National Copyright Law (Legislative Decree 1391). After years of work with WIPO and the National Center for Strategic Planning (CEPLAN), the GOP expects to publish its National Intellectual Property Policy in October 2022. Peruvian law provides the same protections for U.S. companies as for Peruvian companies in all IPR categories under the PTPA and other international commitments, such as the World Intellectual Property Organization (WIPO) and the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). Moreover, Peru is a member of the Berne and Brussels Convention; Budapest Treaty; Lisbon Agreement; Beijing Treaty on Audiovisual Performances; Marrakesh Treaty; Strasbourg Agreement; Nice Agreement; Paris Convention; Patent Cooperation Treaty; Patent Prosecution Highway Program (Global PPH); Phonograms Convention; Rome Convention; Singapore Treaty; Trademark Law Treaty; UPOV Convention; WIPO Convention; WIPO Copyright Treaty; and WIPO Performances and Phonograms Treaty.
The National Institute for the Defense of Free Competition and the Protection of Intellectual Property (INDECOPI) continues to be the most engaged GOP agency. It is a reliable partner for the USG, the private sector, and civil society. INDECOPI is responsible for protecting IPR, administering patent, trademark, and copyright registrations, and handling administrative enforcement cases. In addition to INDECOPI, IPR enforcement also involves other GOP agencies and offices, such as the Peruvian National Police (PNP), the Tax and Customs Authority (SUNAT), the Ministry of Production (PRODUCE), the Judiciary, and the Ministry of Health’s (MINSA) Directorate General for Medicines (DIGEMID), and the Office of the Attorney General (Fiscalía). Fiscalía has specialized IPR prosecutors’ offices that solely focus on IPR crimes. In addition, the Peruvian Customs Service (Aduanas) works with INDECOPI to ensure that illegal goods do not cross Peru’s borders. INDECOPI is entitled to grant preliminary injunctions (medidas cautelares) to seize infringing goods when Customs alerts the right holders.
Peru remained on the Watch List in 2022 due to the long-standing implementation issues with the intellectual property (IP) provisions of the PTPA, particularly with respect to establishing statutory damages for copyright infringement and trademark counterfeiting, and notice-and-takedown and safe harbor system for Internet service providers. Concerning IP enforcement, Peru has been a leader in the region over the past few years, taking several recent positive steps. The GOP prioritized deeper cooperation with the United States on enforcement efforts in 2021, including training programs targeted at officials, national police officers, prosecutors, and judges. As a result, Peru trained 3,407 officials in law enforcement operations. Thanks to this cooperation, INDECOPI, the National Police, and Produce worked cohesively to reduce the sale of products that infringe intellectual rights. From January to December 2021, officials carried out 1,587 raids and seized goods valued at $128 million. One of the most important successes was a joint effort between Customs and INDECOPI officials, who raided a temporary warehouse and seized 118 boxes (7.1 tons) of counterfeit Marvel toys.
Moreover, INDECOPI’s Copyright Directorate (DDA) imposed 175 fines valued at $4.9 million on individuals and legal entities that violated the Copyright Law. Finally, INDECOPI’s Specialized Intellectual Property Chamber (SPI), which resolves second instance cases from the Commissions of Distinctive Signs, Inventions and New Technologies, and Copyright, settled 1,495 cases, resolving 99.8% within the legal period. It is worth noting that the GOP initiated 55% of the resolved cases in 2021.
Companies should consider several general principles in any foreign market to protect their intellectual property effectively. For background, refer to our article on Protecting Intellectual Property and Stopfakes.gov for more resources. Visit STOPfakes website: to see if the Office of Standards and Intellectual Property has an IP Snapshot for the country in question.
To access Peru’s ICS, which includes information on the protection and enforcement of intellectual property rights, visit the U.S. Department of State Investment Climate Statement website.
Information on Intellectual Property:
U.S. Department of Commerce (U.S. Embassy Lima, Peru)
3230 Lima Place, Washington, DC 20521, Tel.: (511) 618-2442
E-mail: USPTOAndeanRegion@trade.gov
Staff: Silvia Solis, Intellectual Property Legal Specialist
For more information, contact ITA’s Office of Intellectual Property Rights Director, Stevan Mitchell at: Stevan.Mitchell@trade.gov