There is no doubt the COVID-19 has affected all businesses and their economies around the globe. The government-imposed quarantine in Peru presented many challenges to businesses forcing them to turn to their savings to sustain themselves. Unfortunately, depending on their developing field many companies have disappeared or are struggling to survive. However, with a dose of resilience and perseverance many entrepreneurs have managed to reinvent themselves and adapt to this new normality. Many have innovated through e-commerce and have created a new business model that has become successful during these challenging times.

Statistics

Peruvian entrepreneurs maintain their desire to move forward and have established new business ideas. Just in the second half of the year 2020, the number of trademarks that have applied for registration in Peru have increased considerably in relation to the previous 2 years:

Year 2018 2019 2020
Total Applications from June to December 14,749 22,199 23,276

The increase in applications is mostly attributed to locals seeking opportunities in these difficult times. A significant portion of the applications is in the food, clothing and hygiene sectors since these products and services have been in highest demand due to the closing or transformation of countless establishments.

According to a survey made by a Peruvian firm Ipsos, from 28 countries, Peru is in third place in regard to the economy invested by entrepreneurs and their entrepreneurial spirit. They evaluated things like work ethic and the ability to make calculated risks for their businesses (Hansen, 2021). The report revealed that a high percentage of people have started an e-commerce business during the pandemic. This is relevant because entrepreneurialism is a good indicator of economic recovery as this pandemic continues. Since many small businesses have disappeared or are struggling, a renewed economy will depend on the citizen’s resilience and their adaptation capabilities.

Additional Facts

  • Peruvian cuisine is highly recognized around the world. For eight consecutive years Peru has won the award for best culinary destination of the world. This means that we have become very demanding about our gastronomy and its quality. Several high-end cuisine restaurants have survived the harsh pandemic restrictions due to a very professional service in terms of security measures, delivery speed and the extraordinary quality.
  • The Peruvian “Pima” cotton is considered one of the finest in the world, it has exceptional durability, softness and a brilliant luster as its main characteristics. This is all due to the ideal growing conditions in Peru’s coastal areas and the hand harvesting work of many artisans. There are thousands of clothing manufacturers in Lima at different levels of the processing chain. The entrepreneur can issue a smaller investment to start a high-quality clothing business that sells online without the costs of having to rent a physical store, hire employees, etc.
  • With the e-commerce business model in full throttle and the majority of people working remotely from home, many companies, shops, offices, etc. have been forced to cut their physical spaces. This situation has created an oversupply of establishments and business premises for rent and purchase.

The e-commerce is positioned to stay

This pandemic has definitely changed our way of life. Zoom meetings, remote schooling, online shopping and social media are more present than ever. This new form of living will definitively stay with us regardless of the pandemic outcome. Before COVID-19, in Peru, the e-commerce business model was used by few people and now such use has grown exponentially.

There has been a spark in the entrepreneur spirits of many Peruvians that have come up with new creative business ideas. Due to this, e-regulations have appeared at the consumer rights institution when there is a problem with the provider (delays, non-compliance, etc.)

Evolution and adaptation to changes should be present in every businessman and entrepreneur. This is the message that resonates in these challenging times that we are all facing.

Dear friends and colleagues,

We are excited to share with you that Managing IP has once again awarded us. This year 2019 with two trophies:

  • Peruvian Patent firm of the year
  • Peruvian Trademark firm of the year

Our commitment for the upcoming years is to continue offering the best IP services in Peru.

Thank you for your support!.

We are contributing to the management of Intellectual Property in the age of artificial intelligence protecting innovation and creativity of inventors as well as patents as utility models or industrial designs. Thus, several types of Robots have been protected and in the field of biotechnology and several types of pharmaceutical application antibodies for arthritis, cancer, diabetes, cardiovascular disorders, among others.

On the other hand, we support the close relationship of the University and the private company in the protection of results, the product of joint research in technological innovation, which constitutes new business opportunities.

In 2018 we successfully obtained the granting of 17 patents on behalf of the Pontificia Universidad Católica del Perú.

On the other hand, we continue to protect inventions that contribute to food and health innovation (for example, pro bono to institutions such as CIP or others, in their nutraceutical compounds); and agricultural innovation protecting new plant varieties as a breeder’s right, protection has already been granted to various varieties of blueberries, raspberries and other varieties are in process.

Research and development activities for the use of genetic and biological resources are an important element in our work where we harmonize innovation with conservation and respect for the environment.

We also work on Intellectual Property management strategies and support the development of universities research and development regulations by providing legal contributions so that they can develop and protect their inventions.

We are currently working with manufacturers of traditional, artisanal products, so that they can obtain their Denomination of Origin and maintain their characteristics and qualities with a reputation. An example is the pro bono work that was carried out with the farmers to obtain their “Pallar de Ica” Denomination of Origin.

It is highly important to have the Trademarks registered at Peruvian Customs. This will allow Officials to report us of any possible infringing products arriving from any destination.

Infringement actions before the Administrative Authority of INDECOPI, after goods being immobilized at Customs, are the most effective way to avoid products entering into the market. The advantage of having the trademark registered at Customs is mainly to have 10 calendar days to formally detain the shipment, instead of 3 calendar days for products with non- registered trademarks.

Since 2016, we have successfully acted in 53 infringement cases of merchandise valued at USD 600,000 approximately. Actions have been taken in favor of major clients within the fashion, shoes, clothing, sports, agriculture, toys and car manufacturing industries. In all cases, we achieved the detention and eventual destruction of fake products.

We have a specialized team of two trademark attorneys and one paralegal dedicated exclusively to report the clients on potential infringement cases.

We currently offer the service of registrations at Customs free of costs for our clients. Your instructions will suffice to have trademark rights duly protected at Peruvian borders.

If you have any questions, do not hesitate to contact us.

(Main changes)

On September 7, 2018, the official journal El Peruano published Legislative Decree 1397 (L.D. 1397) that modifies Legislative Decree 1075 (L. D.1075) on Industrial Property to improve efficiency in the framework of modernization, simplifying procedures . This decree has entered into force on September 8, 2018 except for Article 3 (including two new constituent elements of Industrial Property) and Article 4 (referred to the competent entities) which will come into force when its regulations are published.

Two constituent elements of Industrial Property have been added: Geographical indications and traditional specialties guaranteed. Therefore, Geographical Indications and Traditional specialties guaranteed will be protected, which will allow entrepreneurs from different sectors (Agriculture, Handicrafts and others) to access a registration  and protection to compete in global markets. (Article 3 of D.L. 1075).

Industrial Designs and Layout-Designs of Integrated Circuits have been added in the titles and content of articles 36, 37 and 38 referring to the inventions developed during employment relationship. Therefore, these conditions will also apply to industrial designs and Layout-Designs of integrated circuits.

The payment requirement for the substantive examination has been eliminated in the case of infringement denunciations regarding patents of invention, utility model patents and industrial designs. This elimination benefits the complainant by eliminating the obligation to pay. (Article 109 of L.D.1075).

A new reason for expiration of the precautionary measures has been added: Those measures that expire when the complaint had been declared groundless in the first instance, in this case they will expire with the issuance of said ruling. (Article 113 of L.D. 1075)

In the cases of Reconsideration and Appeal on patents it is established that the reconsideration/appeal briefs cannot be based on the modification of the specification, claims or drawings. (Articles 131 and 132)

Adherence system to the appeal brief before the Second Administrative Instance is contemplated (Article 136).

The Resolutions of Second Administrative Instance can only be questioned before the Judicial Power (Article 140).

The system of division of an industrial design application is established when it comprises more than one industrial design (Article 25-C).

Dear Colleagues and friends,

 

We are delighted to share with you our joy of been awarded by Managing Intellectual Property as the “Patent Firm of the Year 2018”. Last year, we were awarded as the “Firm of the Year 2017” as well.

 

These awards are a motivation to continue offering the best IP practice in our jurisdiction.

 

Please receive our best regards,

 

                                                  LINK:

                                              T2018Peru

Fashion Law

Industrial Property allows protection and defense to add value for creations in the fashion field.

Types of Protection

  1. INDUSTRIAL DESIGN

Strategic use of industrial designs allows protecting and defending fashion creations and innovations against a copy and an unauthorized use. Likewise, it is possible to prevent a person or company from appropriating others creation by applying for its registration in an opportune moment.

Given the dynamic nature of fashion to effectively protect new fashion designs (clothing and accessories), it should be advisable to apply for the new design in plans, that is to say, when it is designed at the virtual level or in the mold, before having been made in the mannequin or presented in an exhibition or fashion show to make it totally new and meet the requirement of our law.  In fact, Article 115 of Decision 486 states that “Industrial designs that are new shall be registrable.  An industrial design shall not be considered new if, before the filing date or validly claimed priority date, it has been made accessible to the public in any place or at any time, by description, use, commercialization or any other means.  An industrial design shall not be new by virtue of the mere fact that it embodies secondary differences in relation to earlier creations, or that it refers to a category of products different from that to which the said creations belong”.

The registration of the industrial design will allow the creator or its owner the protection and defense against the copy and the unauthorized use of a third party, and there would be the possibility of opportunely avoiding damage for the designer and/or owner, and also that the original design is copied or registered by a person other than de designer or by a firm that is not the owner.

Nowadays, Peru protects diverse designs of fashion fabrics, shoes, handbags, such as:

 

 

AVINTIV SPECIALTY MATERIALS INC., has obtained the protection since 24/03/2017 of this design.

 

Ornamentation Applicable to Textiles

Registration N° 3989  (2014)        Registration  N° 3990 (2014)

Owner: Inversiones y Decoraciones Stephanny.

 YAOHONG TU (Peru) has obtained the protection since 2014 of the design (Title N° 4158).

DIADORA SPORT S.R.L. (Italy) has obtained the protection since 2015 of the design  (Title N° 4494).

 

RIMOWA GMBH (Germany) has obtained the protection since 2013 of the design  (Title N° 3614).

 

  1. TRADEMARKS

Fashion designs can be registered as trademarks to obtain protection and defense against counterfeits and unauthorized uses.  Registering these designs as trademarks grants the holders the exclusive use by empowering them to carry out actions against infringers.  To grant a registration, our legislation, requires that the mark is sufficiently distinctive, which means that it must distinguish one type of product or service without being confused with the product or services this mark distinguishes, and it must be different from other marks in its field.

Nowadays, Peru protects as trademarks some fashion designs such as:

Article 134 of Decision 486.- For purposes of this system, any sign that is capable of distinguishing goods and services on the market shall constitute a trademark. Signs that are capable of graphic representation shall be eligible for registration as trademarks. The nature of the goods or services to which a trademark is to be applied shall in no case form an obstacle to the registration of the trademark.

 

The design of a blouse  protected since 2008 by the holder SAGA FALABELLA S.A., under Certificate N° 152200, in class 25 (clothing, footwear and headgear).

The following design     owned by José Manuel Herrar Castillo (Peru) is protected since 2011, under Certificate N° 180304 in class 25 (clothing).

GIANNI VERSACE S.P.A. has protected the medusa design   since June 27, 2001 under Certificates: N° 21422 in class 18 and 21423 in class 25.

LOUIS VUITTON has protected its flower design    since January 25, 2006 under Certificates N° 101207 in class 18 and N° 101209 in class 25.

Industrial designs and trademarks are elements of industrial property that allow the protection of creators, designers and owners in the Fashion Industry within Fashion Law.

COACH, INC. has protected its design   since 2012 under Certificate N° 5267 in class 18 (design used in handbags)  .

 

These tools (Industrial designs and Trademarks), in addition to the copyright, provide protection to the creators, designers and owners in the fashion industry within the Fashion Law who, depending on the product, should file the corresponding application for registration in order to be protected against any unauthorized use by third parties .

 

ESTUDIO COLMENARES & ASOCIADOS

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