Manage your Intellectual Property in Latin America

Should I register my Intellectual Property in Peru to protect it?

Should I register my Intellectual Property in Peru to protect it?

As part of the Berne Convention, Peru does not require any formal registration to provide protection to Copyright works; the work will be automatically protected from the moment of its creation. However, registration may very useful in enforcement actions as a proof of ownership, and of the date of creation or the content of the work itself.

Regarding trademarks, patents, designs and utility models, Peruvian Law adopts the first to file principle, what means that exclusive rights are granted to the party that firstly register the relevant IP right in Peru. Therefore, to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.

Nevertheless, in accordance with its the international obligations under the Paris Convention, the TRIPS Agreement and the Andean Community Decision 486/2000, Peru provides a certain degree of protection to unregistered well-known marks. On the other hand, be aware that in contrast with Europe, unregistered designs are not protected in Peru.

If you want to know more about how to protect your creations, and get tailored advice to your specific case, contact our Helpline. It is free, fast and confidential.

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