The new edition of the ‘Quick Patent’ (‘Patente Rápida’) program, aimed at Peruvian patent applicants, was recently launched by the local PTO.
This program encourages the proper use of the local patent system and minimizes the number of pending files with observations on admissibility, form and substance. According to this new edition, inventors and entrepreneurs can choose where they will get trained and receive technical assistance.
Quick Patent increases the chances of obtaining a patent in shorter terms than the regular procedure, 50 months on average to 18 months in the case of a patent, and 26 months to 12 months for the case of utility model.
Through the decentralized counseling, inventors that were selected to be trained can choose from the cities of Lima, Trujillo and Arequipa to attend support workshops and learn how to prepare the technical documentation related to the patent application.
In 2015, this program received 166 applications from independent inventors, academic and research centers as well as local companies (24% more than in 2014). Of these 166 applications, 68 were able to finish the different stages of counseling and filing the respective patent with the Indecopi (23% more than in 2014). Since the beginning of this program in 2013 more than 30 Peruvian inventors have succeeded in obtaining a patent in a shorter term than in a regular procedure.
For more details on program enrollment requirements, please click here www.indecopi.gob.pe/din/pr.
Source: http://www.indecopi.gob.peRead More
A study carried out by the Peruvian Anti-Biopiracy Commission and recently submitted to the Asia Pacific Economic Cooperation (APEC) member countries, claims that Peru is the world leader in the protection of genetic resources and traditional knowledge of indigenous peoples, thanks to its advanced legislation and the legal innovation regarding this matter.
Biopiracy is known as the unauthorized and uncompensated access and use of biological resources or traditional knowledge of indigenous peoples by third parties.
The Anti-Biopiracy Commission, which tracks and identifies biopiracy cases, has developed a system for the prevention and protection of Peruvian biological resources and traditional knowledge of indigenous peoples by opposing patent applications and/or challenging granted patents abroad. The goal of this work is not preventing the use of these resources, but making sure that they are used legally and with a fair contribution for the benefit of the sustainable development of the country and especially of the native communities.
The report shows that the Peruvian Anti-Biopiracy Commission has resolved favourably 15 biopiracy cases related to native plants. As an example, the Commission has managed to invalidate six patents involving maca root (plant native to the Peruvian Andean provinces of Junín and Cerro de Pasco) for the manufacture of medicines for the treatment of osteoporosis, sleeping disorders, and testosterone deficiency increase in Japan, Korea and Europe.
Additionally, other cases related to yacón, pasuchaca(plants native to the Andes used to treat diabetes), sachainchi and camucamu (plants native to the Amazon rainforest areas of Iquitos, Tarapoto and Pucallpa) were successful at early stages since the Anti-Biopiracy Commission opposed to the patent applications.
Peruvian legislation on biopiracy is based on “Decision No. 391 Establishing the Common Regime on Access to Genetic Resources,” in force since 1996 in the Andean Community of Nations member countries (Bolivia, Colombia, Ecuador and Peru), and Law 27811 “Protecting Access to Peruvian Biological Diversity and the Collective Knowledge of Indigenous Peoples,” in force since 2002.
The National Institute for the Defence of Competition and Intellectual Property (INDECOPI) has launched the program “Patenta Universidad” (Patent University), aimed at Peruvian universities, high education and research centers that develop research and innovation projects, but have not accessed the patent system in the last five years.
The aim of the program is to encourage the intellectual property culture in the academic sector and promote the patenting of products and processes derived from research and innovation projects carried out in these centers.
Universities and research centers participating in “Patenta Universidad” will implement a complete work methodology in four months. This will include conferences on general information about patents, patentable subject matter or prior art analysis. Additionally, staff from the Inventions and New Technologies Directorate of INDECOPI (DIN) will assess participants on patent drafting and application.
Source: https://www.indecopi.gob.peRead More
The Peruvian PTO (Indecopi) administrators of the Designation of Origin (DO) Pisco and the Regulatory Council of Pisco (“Consejo Regulador del Pisco”) are working together to reinforce the administration of the DO Pisco by means of modifying, as necessary, the current regulation of the DO of this famous beverage.
The goal of this joint work is to have a regulation that allows producers to use, in the best way possible, the DO, to ensure quality production and the possibility of marketing this product in the local and international markets.
In 2015 the Directorate of Distinctive Signs of Indecopi conducted 139 inspections. Thousands of bottles of alcoholic beverages that used the DO Pisco without the authorization of use were seized.
On February 2, 2016, Peru ratified the World Intellectual Property Organization (WIPO) Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired, or Otherwise Print Disabled, adopted in Marrakesh, Morocco, in June 2013. Peru had already signed the treaty in June 28, 2013.
Countries ratifying the Marrakesh Treaty agree to facilitate access of published works in accessible formats for persons who are blind, visually impaired or otherwise print disabled, as well as to introduce minimum standards for limitations and exceptions to domestic copyright law to allow for reproduction and distribution. Additionally, the treaty allows cross-border exchange of these works in order to facilitate import and export of accessible versions of books and other copyrighted works in different languages.
The Marrakesh Treaty was adopted on June 27, 2013, and will come into force once it has been ratified by 20 eligible parties. Seven out of the 14 countries that have so far either ratified or acceded to the Marrakesh treaty are from the Latin American region, with Peru joining Argentina, Brazil, El Salvador, Mexico, Paraguay, and Uruguay.
On February 10, 2016, U.S. President Barack Obama recommended that the Senate give early and favorable consideration to the Marrakesh Treaty, and gave its advice and consent to its ratification.
According to the World Blind Union (WBU), over 90 percent of the material published worldwide is not accessible to blind, visually impaired or otherwise print disabled people.
The INDECOPI Copyright Commission has sanctioned the collective society “Inter Artis Perú” for copyright infringement and violation of the Law on Performers (Law No. 2813).
Collective societies look after the defense the economic rights of its members (creators/authors) and collect and distribute copyright royalties from users. These societies require prior authorization by the government. There are seven collective societies in Peru regulated by INDECOPI.
By means of the Resolution 421-2015 / CDA-Indecop, a monetary fine of UIT (tax units) against “Inter Artis Perú” was established due to “not submitting documentation that would determine the rates set by that entity, [and by not] complying with the principles of reasonableness, equity and proportionality set out in the Law on Copyright.”
It was also determined that the fee applied by said collective society had not been approved jointly with the collective society of producers of audiovisual works.
Source: http://www.indecopi.gov.pe/Read More
On January 1, 2016, a Patent Prosecution Highway (PPH) program began between the Peruvian National Institute for the Defence of Competition and Intellectual Property Protection (INDECOPI) and the Spanish Patent and Trademark Office (OEPM). The program will initially run for two years, and will be automatically renewed for two-year periods.
According to the PPH Program, patent applicants with claims that have been determined to be allowable/patentable by either INDECOPI or OEPM, may request accelerated examination of the equivalent applications pending before the other office.
The program allows the exchange of information between offices, decreased duplication of work and accelerated granting procedures that ultimately enable a higher quality and faster service to patent applicants.
The OEPM has also signed PPH agreements with the Mexican and Colombian PTOs, running since 2011 and 2013 respectively.
Source: http://www.oepm.esRead More
The Peruvian PTO (Indecopi) has launched its fifth campaign regarding Legal Software (“Campaña de Software Legal“) in order to promote the use of software programs that have the pertinent license. These campaigns are aimed at companies that declare the software they use on their computers. If necessary, the businesses may be subject to routine inspections if authorities do not receive a satisfactory answer.
If you are interested in more information regarding these campaigns in Peru, please click here.
In addition to all the work Indecopi has done in this area, it is necessary to also highlight the effort of the judicial branch, which has issued sanctions against those who were found selling software without the proper licenses.
According to statistics presented by the Commission to Combat Piracy and Customs Crimes of the Ministry of Production (“Comisión de Lucha contra los Delitos Aduaneros y la Piratería del Ministerio de la Producción”), in 2014 there were about 6,700 criminal prosecutions for offenses against intellectual property rights and more than 4,000 prosecutions for customs offenses in Peru.
For more information about the BSA, please click here.
Source: www.indecopi.gob.peRead More
The National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi), within the anti-piracy campaign in beaches (“Campaña Antipiratería en Playas”), urges those who visit Peru during the summer months to choose products and services that are legal and reject the counterfeit examples.
Usually, pirated products offered are books, music CDs, and films, among others. Buying counterfeited products harms the real authors and rights holders, as well as the public. These products usually have a lower quality than the originals.
Source: www.indecopi.gob.peRead More
More than 2,000 bottles of liquor marked with the Designation of Origin (DO) Pisco were confiscated recently because they did not have authorization to use it.
The seizures were made by the National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi) in conjunction with the National Superintendence of Tax Administration (Superintendencia Nacional de Administración Tributaria – Sunat).
The operation was carried out in the city of “Chincha,” in which 37 local wineries were inspected and found to be producing liquor bottles marked with the DO Pisco. This resulted in legal actions against those producers and marketers.
In a similar seizure process conducted by Indecopi in October 2015, 506 liquor bottles were seized, which did not have the authorization to use the DO Pisco.
Source: www.indecopi.gob.peRead More