Company Capri Internacional S.A. was sanctioned in the first instance with a fine of $140,000 USD by the Copyright Commission (CDA) of Indecopi (Trademark Office of Peru), for infringing the rules on copyright and related rights due to the commercialization of the album “World Cup Russia 2018” (with the denomination “3 Kings”) and the mobile application “Virtual Stickers” in Peru.
Initially, through the sanctioning administrative process initiated on its own initiative, the CDA concluded that the mentioned company had infringed the patrimonial rights of reproduction and distribution over the photographs and stickers included in the album ‘World Cup Russia 2018’, because it did not have the authorization of the owners of said works to exploit them commercially. Notwithstanding this, the Commission extended the previous infringement of the rights of reproduction and public communication over motion picture recordings – which, although they are not considered works, are protected by related rights – to which people could access through a mobile application called ‘Virtual Stickers’.
In relation to this case, it is important to note that the sanction of the CDA to Capri International S.A. it was developed later to another fine that the Commission of Control of the Unfair Competition (CCD) of Indecopi imposed in September to the company to market the aforementioned album in the Peruvian market.
In contrast to those explained above, it remains to be expected if the company Capri Internacional will exercise its defense through the corresponding appeal that is recognized, within the relevant legal time frame.
Source: https://gestion.peRead More
In the framework of the 58th series of meetings of the Assembly of the Member States of the World Intellectual Property Organization (WIPO) held in Geneva (Switzerland), Peru adhered to the Singapore Treaty on the Law of Trademarks (STLT), through its Trademark Office (Indecopi).
The aforementioned treaty, adopted in 2006 and in force since 2009, which has 47 member countries currently, aims to harmonize and simplify the procedures for registering and managing brands of products and services, such as renewals, renaming holders, address changes, among others, because it does not require legalizations or certifications in the documents that must be submitted when initiating a procedure and are under its protection.
According to Indecopi, Peru’s entry into this treaty will favor the access of national entrepreneurs to trademark registrations and the maintenance or management of their rights over them, not only in Peru but in all countries that are part of the Treaty.
Likewise, the dispositions of this treaty will be applied to both traditional and non-traditional brands that are submitted in Peru (three-dimensional, sound, movement, among others), considering that Peruvian regulations allow all of them to be resgistered.
Finally, Indecopi indicated that with the adhesion to the STLT, it is expected to raise the level of competitiveness of Peru, by offering greater legal security to investors.
SOURCE: https://andina.pe/agencia/Read More
DIGEMID: Official Notification N°1357-2012
The General Directorate of Medicines, Supplies and Drugs (DIGEMID) has published the list of medical devices and domestic hygiene products that must be submitted and approved by the health authority and that were formerly identified through codes SHE or SHN. This reclassification is the result of the establishment of Supreme Decree 016-2011-SA, in force since January 23, 2012.Read More
DIGEMID: Official Notification N° 1356-2012
The official notification has established that Medical Device importers are the ones allowed to import components and accessories of medical products, as long as the same have been registered by DIGEMID or included in the Registration or Renewal Directorial Resolution.