Overview of legal framework

Peru's IP legal framework is built around common regional rules and mainly includes:

• Decision 486 of the Andean Community (Decision 486/2000) — regional industrial property law

• Decision 689 of the Andean Community (Decision 689/2008) — protection of genetic resources and traditional knowledge

• Industrial Property Legislative Decree (Decreto Legislativo No. 1075/2008)

• Copyright Law (Law No. 822/1996)

The competent authority is INDECOPI (Peruvian National Institute for the Defence of Competition and Protection of Intellectual Property),
which reports to the Ministry of Production (Ministerio de la Producción).
Peru is a member of WIPO, the PCT, the Madrid Protocol (since 2019), the Hague Agreement (since 2023), the Paris Convention, TRIPS, PROSUR and CAN.

International cooperation and regional integration

• Peru is a member of the Andean Community (CAN) and applies the common industrial property rules;

• Participates in PROSUR (South American IP cooperation network) and in the Latin American PPH mechanisms;

• Maintains cooperation and information-sharing arrangements with WIPO, EUIPO, USPTO, INPI Brasil, SIC Colombia, INAPI Chile;

• Accession to the Hague and Madrid systems has opened up comprehensive channels for international registrations.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with INDECOPI;

• Or Peru may be designated via the Madrid System (Madrid Protocol) (since 2019).

Classification standard

• Uses the Nice Classification;

• Single-class and multi-class applications are accepted.

Examination procedure

• Formality examination: around 1 month;

• Substantive examination: around 6–9 months;

• Opposition period: 30 days from the date of publication.

Use and renewal

• Registration is valid for 10 years and may be renewed indefinitely;

• Non-use for 3 consecutive years may lead to cancellation.

Examination features

• Examination language: Spanish;

• Focuses on distinctiveness and likelihood of confusion with prior rights;

• Opposition procedure is transparent; third parties may file oppositions;

• Online system: INDECOPI Servicios en Línea / Registro de Marcas;

• Non-traditional marks (sound, 3D shape, colour, smell, etc.) can be registered.

Patent system

Types of protection and term

• Invention patent (Patente de Invención): 20 years from the filing date;

• Utility model (Modelo de Utilidad): 10 years from the filing date.

Examination system

• Invention patents: a full substantive examination system applies;

• A request for examination must be filed within 3 years from the filing date;

• Average examination time is 24–36 months.

International route

• Peru is a PCT member state (since 2009);

• National examination can be entered from the international phase;

• Participates in the PROSUR PPH (Latin American Patent Prosecution Highway);

• Examination language: Spanish (an English translation of the specification may be filed).

System features

• First-to-file principle applies;

• Annual maintenance fees are payable after grant;

• Examination focuses on novelty and inventive step;

• Post-grant administration and enforcement are handled by the INDECOPI Patent Office.

Industrial design protection

Legal basis

• Articles 113–136 of Decision 486 of the Andean Community and the corresponding national implementing regulations.

Scope of protection

• Product shape, lines, colours, ornamentation, patterns and their combinations;

• Applies to industrial and handicraft products.

Term of protection

• 10 years from the filing date; non-renewable.

Examination procedure

• Examination period: around 6–9 months;

• Examination language: Spanish;

• Formality examination only.

System features

• A single registration is valid nationwide;

• Multiple designs may be included in one application;

• Since 2023, international design applications may be filed via the Hague Agreement;

• Official database: Diseños Industriales INDECOPI.