We would like to inform you that, on December 30th 2016, it was published in the Official Gazette "El Peruano", the Legislative Decree No. 1309, Legislative Decree on simplification of administrative procedures concerning Intellectual Property Matters before The National Institute for the Defense of Competition and Protection of Intellectual Property - INDECOPI.

This Legislative Decree seeks to simplify and optimize procedures before the INDECOPI, enabling more flexible procedures to facilitate the development of economic and commercial activities, as well as optimizing its services, contributing to the institutional strengthening and the quality in the service to the citizen.

In this sense, through this Legislative Decree the following legislative amendments and incorporations have been made:

  • In order to simplify Industrial Property administrative procedures, endowing them with greater celerity, and seeking to facilitate economic and commercial activities, this Legislative Decree has amended articles 4, 7, 9, 15, 21, 49, 52, 54, 55, 60, 63, 66, 69, 71, 72, 73, 75, 76, 84, 91, 95, 96, 97, 98, 99, 100, 101, 102, 103, 106, 107, 109, 112, 114, 122, 126, 131, 132, 133, 134, 135 and 136; and, has incorporated the articles 8-B, 8-C, 24-A, 52-A, 52-B, 61-A, 61-B, 64-A, 73-A, 122- A, 136-A, 136-B, 136-C, 136-D, 139 and 140, to the Legislative Decree N°  1075,Legislative Decree approving Provisions Complementary to Decision 486 of the Commission of the Andean Community that establishes the Common Regime on Industrial Property.
  • In addition, in order to speed up Copyright procedures, this Legislative Decree has amended articles 153, 174, 183, 191 and 204 of Legislative Decree No. 822, Law on Copyright.
  • Finally, in order to strengthen the processes of associativity and the necessary control mechanisms for the efficient management of designations of origin protected in Peru, as well as improving the protected designations in domestic and international markets, this Legislative Decree has amended article 3 of Law No 28331, General Law on Regulatory Councils for Designations of Origin.

This law is in force since the day after its publication.

Furthermore, in a term not greater than ninety (90) calendar days counted from the entry into force of this Legislative Decree, shall be issued the Modifications to the Organization and Functions Regulation of INDECOPI in order to adapt this management instrument to the provisions of this law; and, by Supreme Decree, the executive authority shall issue the provisions that regulate the provisions of Legislative Decree No. 1075, Legislative Decree approving Provisions Complementary to Decision 486 of the Commission of the Andean Community that establishes the Common Regime on Industrial Property; as well as the National Registry of Copyright and Related Rights, Contemplated in Legislative Decree No. 822, Law on Copyright; and, Law No. 28331, General Law on Regulatory Councils for Protected Designations of Origin.

Clarke, Modet & Co - PERU

Lima
Av. Conquistadores N°1136, Oficina 304, Lima 27
Tel: +51 1 461 20 73
Email: info@clarkemodet.com.pe

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