In December 2007, new domain name registration policies entered into force, which established a new mecanism of dispute resolutions.This system introduces the principles from WIPO�s Uniform Dispute Resolution Policy, for domain names, used by ICANN (Internet Corporation for Assigned Names and Numbers), thereunder the following requirements are stated in order to iniciate an administrative procedure of solving controversies:
- 1) The domain name must be confusingly similar or identical so that it causes confusion with a registered and/or applied trademarks in Peru,
- 2) The domain name holder does not have any rights or legitimate interest with respect to the domain name,
- 3) The domain name had been registered and is being used in bad faith,The referred procedure, is filed with authorized centres by the Red Cient�fica Peruana (entity in charge of the administration of domain names in Peru), having the assignment or reversal of the domain as the final objective, a measure that, if it has been accepted, is carried out by NIC.PE.
The Peruvian TM Office (INDECOPI) now allows the possibility of applying for a trademark in several classes of goods and/or services by filing just one application.
Even though one application is possible, the official fees have to be paid for each class.
Peru signed a Commercial Agreement with USA; which entered into force last January. In this agreement, Peru assumed the obligation to sign the Trademark Law Treaty (TLT), whose main aim is the harmonization and simplification of the requirements to obtain and conserve trademarks.
For this reason, Decree No. 1075 was recently issued in order to amend certain dispositions included in the national legislation and adapt them to the ones included in the Trademark Law Treaty.
The multi-class application is one of the most important modifications that this decree has included.
From our experience in regional filing, it is highly advisable to file separate applications for each class of interest, considering the fact that if the application receives an office action and/or third party oppositions to any of the classes involved, the complete filing procedure will be held up until the removal of said obstacle.
Other Latin American countries where multi-class applications are possible:
- Chile: classes corresponding to goods (1-34) have to be filed separately from the ones corresponding to services (35-44), this means that if your interest is in several classes for both types, goods and services, you will have to file separate multiclass applications for each group.
- Uruguay: same proceeding as in Peru.
On November 9th, 2009, the Congress approved Peru’s accession to the Hague Apostille Convention. Although this country was already a member of the Hague Conference, it had not signed the Hague Apostille Convention until now.
However, it will not enter into force until Peru deposits the corresponding instrument of accession.
After this, another Peruvian law will formally declare Peru’s entry to the afore mentioned Convention.
It is important to remember that the Apostille is valid only among countries that have signed the Convention.