PERU
APPROVAL OF COMPLEMENTARY PROVISIONS TO DECISION 486 WHICH ESTABLISHED THE COMMON PROVISIONS ON INDUSTRIAL PROPERTY
Legislative Decree No. 1309 approved various amendments and included several provisions to Legislative Decree No. 1075, by means of which the Complementary Provisions to Decision 486 were approved.
The key points of the Complementary Provisions to Decision 486 are the following:
- It is now mandatory to submit a copy of the registered trademark or the trademark application used as grounds for an Andean opposition, together with the opposition. Said document may be filed within two (2) working days counted from the date of the notification of the Trademark Office’s office action. The absence of compliance will result in the examiner considering that the opposition was not lodged. The certified copy may be submitted at a later date.
- Appeal recourses filed against decisions issued by the Direction of Inventions and New Technologies, denying registrations in first instance cases in which no third party oppositions were filed, will be decided by the Commission of Inventions and New Technologies. Appeal recourses filed against issued decisions.
- The reconsideration appeals filed by the Direction of Distinctive Signs in non-contentious proceedings, will be decided by the Commission of Distinctive Signs.
- It is now possible to file appeal recourses against decisions in infringement cases imposing fines, deciding precautionary measures, determining the impossibility of procedural continuance and acts that may constitute legal helplessness. The only appeals that will not have suspensory effects are those against precautionary measures and the deadline to file the above-mentioned appeals was modified from five (5) to fifteen (15) working days.
