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HARAKENZO
WORLD PATENT & TRADEMARK


OSAKA
HEAD OFFICE

DAIWA MINAMIMORIMACHI BLDG.,
2-6, 2-CHOME-KITA, TENJINBASHI,
KITA-KU,OSAKA 530-0041 JAPAN
TEL:+81-6-6351-4384
(Main Number)
FAX:+81-6-6351-5664
(Main Number)
E-Mail:

TOKYO
HEAD OFFICE

WORLD TRADE CENTER BLDG. 21 F,
2-4-1, HAMAMATSU- CHO, MINATO-KU,
TOKYO 105-6121,JAPAN
TEL:+81-3-3433-5810
(Main Number)
FAX:+81-3-3433-5281
(Main Number)
E-Mail:


HIROSHIMA
OFFICE

NOMURA REAL ESTATE HIROSHIMA BLDG. 4 F, 2-23 TATEMACHI, NAKA-KU, HIROSHIMA CITY, HIROSHIMA 730-0032, JAPAN
TEL:+81-82-545-3680
(Main Number)
FAX:+81-82-243-4130
(Main Number)
E-Mail:

To be opened
on March.1.2018

NAGOYA
OFFICE

GLOBAL GATE 9F, 4-60-12 HIRAIKE-CHO, NAKAMURA-KU, NAGOYA-SHI, AICHI 453-6109, JAPAN
TEL:+81-52-589-2581
(Main Number)
FAX:+81-52-589-2582
(Main Number)
E-Mail:


In the background of the HARAKENZO trademark is a global map wherein countries/regions are sized according to the number of patents registered there in 1991.

Privacy policy


Information on Major and Emerging Economic Powers
Patent engineering staff
specialized in patent affairs


: Yoshiaki HIGE


TOKYO TEL
: 81 - 3 - 3433 - 5810
OSAKA TEL
: 81 - 6 - 6351 - 4384
TOKYO FAX
: 81 - 3 - 3433 - 5281
OSAKA FAX
: 81 - 6 - 6351 - 5664
E-mail
:
E-mail
:
HIROSHIMA TEL
: 81 - 82 - 545 - 3680
NAGOYA TEL
: 81 - 52 - 589 - 2581
HIROSHIMA FAX
: 81 - 82 - 243 - 4130
NAGOYA FAX
: 81 - 52 - 589 - 2582
E-mail
:
E-mail
:
     
     

Republic of Peru






I. Basic Information on Peru

Area 1,285,220 km2
Population 31,830,000 (2017)
Capital Lima
Ethnic Group 45% Amerindian, 37% Mestizo, 15% European descent, 3% other
Official Languages Spanish, Quechua, Aymara
Currency Nuevo sol (PEN)

In addition to being a member of the Andean Community of Nations and a Mercosur associate state, Peru is also a member of both the Asia-Pacific Economic Cooperation (APEC) and Union of South American Nations. The country's main industry is mining, with products including copper, lead, zinc, silver, and gold. Silver is a particularly important to Peru, with the country being the world's third largest producer thereof (as of 2013). Oil, gas, and other natural resources are also major products for the country.

Peru is participating in negotiations to expand TPP. The country is expected to join TPP and reform its national laws accordingly.





II. Overview of Peru's IP Rights Law

1. Major industrial property rights treaties to which Peru is a member
  • •Paris Convention
  • •Patent Cooperation Treaty (PCT)
  • •Agreement Establishing the World Trade Organization (WTO)




2. Patent system

(1) Application route

Applications can be made via PCT and the Paris Route



(2) Language of applications

Spanish



(3) Documents necessary for application

  • Abstract of the invention
  • Specification of the invention
  • Claims
  • Necessary drawings


(4)Publication of application

  • Publication of applications takes place 18 months after the date of filing or priority date.
  • Applicants have the right to provisional protection of patent rights after publication of applications.


(5) Filing oppositions prior to granting of patent

  • Interested parties may file an opposition up to 60 days after the publication of an application.
  • The applicant may submit arguments or amendments in response to oppositions within a specified period.


(6) Examination

  • A preliminary examination is conducted to determine whether or not an application meets formality requirements. If the applicant does not respond to the formality instructions within the designated period, or if the applicant does respond but the indicated errors remain, it is deemed that the application has been abandoned.
  • There is no system for requesting examination.
  • Substantive examination of an application is carried out after the period for filing oppositions before granting of patent.
  • With regards to applications subject to examination, if a patent application has already been filed in another country, then the applicant must submit the results of examinations already conducted by foreign patent offices.
  • The following are unpatentable in Peru:
    a. Discoveries, scientific theories, arithmetic methods
    b. Works of literature or art
    c. Mental activities
    d. Computer programs
    e. Presentation of information


(7) Changes to applications

  • While a patent application is pending, the applicant may change it to an application for registration of a utility model.


(8) Division of application

While an application is pending, the applicant can make divisional applications within the scope disclosed in the application as originally filed.



(9)Filing appeals

Persons who have objections to the decisions of Indecopi can file an appeal against the Administrative Court intellectual property rights division.



(10) Duration of patent rights

20 years from the date of filing of application.





3. Utility model system

(1) Application route

Applications can be made via PCT and the Paris Route



(2) Language of applications

Spanish



(3) Subject of protection

Machines, devices, tools, goods, etc., or the parts and/or shapes thereof are subject to protection.



(4) Documents necessary for application

  • Abstract of the device
  • Specification of the device
  • Claims
  • Drawings of the device (submission of drawings is required).


(5) From application to registration

  • The examination process is the same as that for patents.
  • The following cannot be registered as utility models:
  • a. Things that are unpatentable
    b. Things that do not meet the definition of "utility patent"
    c. Architecture, three-dimensional objects, and purely artistic works


(6) Duration of utility model rights

10 years from the date of filing.





4. Design system

(1) Application route

Applications can be made via the Paris Route. *Peru is not a member to the Geneva Act of the Hague Agreement.



(2) Language of applications

Spanish



(3) Subject of protection

Combinations of lines, arrangements, and colors for external appearance in relation to industrial products, the shape of external portions of three-dimensional or flat goods, etc.



(4) Documents necessary for application

  • Application
  • Drawings


(5) Publication of applications

There is no system for publication of applications. However, a preliminary examination is performed with regards to application formalities, and applications which meet the requirements thereof are published (made public) in an official publication.



(6) System for filing oppositions

Any person may file an opposition up to thirty days after the date of publication.



(7) Examination

  • There is no system for requesting examination.
  • There is no priority examination system or early examination system.
  • Substantive examinations are performed to assess the novelty of the design.
  • The following cannot be registered:
    a. Designs whose elements are purely technical or functional
    b. Designs of any type of article of clothing


(8) Invalidation trial system

Peru has an invalidation trial system in which anyone may petition Indecopi to invalidate a design.



(9) Duration of design rights

10 years after the date of filing of application.



(10) Systems peculiar to Peru's design law

No systems are employed for partial designs, designs for a set of articles, related designs, or secret designs.





5. Trademark system

(1) Application route

Applications can be made via the Paris Route. *Peru is not a member to the Madrid Protocol.



(2) Language of applications

Spanish



(3) Trademark categories

Word trademarks, figurative trademarks, symbol trademarks, three-dimensional trademarks, combined trademarks, color trademarks.

*There is no defensive mark system

*Peru employs a system of one application for multiple classes.



(4) Subject of protection

Products, services, certification trademarks, collective trademarks, advertising slogans, display of name of region of origin, trade names.



(5) Trademark Categories

Peru uses international categories for trademarks (Nice classification, 10th ver.). *Peru is not a member to the Nice Agreement.



(6) Documents necessary for application

  • Application
  • Sample trademark


(7) Publishing of applications

There is no system for publishing applications. However, a preliminary examination is performed with regards to application formalities, and applications that meet requirements thereof are published (made public).



(8) System for filing oppositions

Interested parties can file oppositions up to 30 days after the date of publication.



(9) Examination

  • A substantive examination is performed for trademarks applications.
  • The following cannot be registered as a trademark:
    a. A mark that lack distinctiveness or that cannot be visually displayed.

    b. A mark consisting of (i) the normal shape of a product or a packaging thereof, or (ii) shapes or features deriving from the special function(s) of a product or service for which the mark is used.

    c. A mark consisting of shapes that give a functional or technological advantage to the product or service for which the mark is used.

    d. A mark that serves to explain or indicate the type, quality, amount, purpose, price, place of origin, time of production, or other details, characteristics, or information regarding the product or service for which the mark is used, or a mark that consists of only a display of the above.

    e. A mark that in everyday language or in the usage conditions in the relevant country has come to generally or normally indicate a related product or service, or a mark that consists of only a display of the above.

    f. A mark that consists of an individual color, which is not confined within a specific shape.

    g. A mark in violation of public morals

    h. A mark that copies or imitates, as an emblem or a component part(s) thereof, collar insignia, flag insignia, heraldic bearings or official marks, or official insignia and marks employed by the state to indicate its governance or guarantee, without consent from the relevant authorities; a mark that can be deemed to imitate the above from a heraldic point of view; collar insignia, flag insignia, other coats of arms, names, and abbreviations of international organizations.

    i. A mark that displays conformance with a technical standard.

    j. A mark that (i) copies, imitates, or include the name of a plant breed protected within member states of the Andean Community of Nations or in other countries and (ii) that is intended for use for a product or service related to the relevant breed, or whose use might cause a product or service to be confused for or associated with the relevant breed.

    k. A mark that includes the display of place of origin of a protected wine or distilled liquor.

    l. A mark that consists of the display of a domestic or foreign geographical location that might cause confusion regarding the product or service to which the mark will be applied.


(10) Revocation trial system

Peru has a revocation trial system that enables interested parties to petition Indecopi to revoke a trademark.



(11) System of revocation for non-use

Peru has a system of trademark revocation for non-use. Trademarks that are in disuse for three years continuously are subject to revocation.



(12) Duration of trademark rights

10 years from the date of registration (can be renewed every 10 years).




担当弁理士


Patent&Trademark Attorney
Specialist
Yoshiaki HIGE
Yoshiaki HIGE Yoshiaki HIGE, born in 1977, obtained a bachelor of Biology from Konan University. His specialty covers Biotechnology and Life Engineering.

The surrounding of intellectual property changes day by day.
I will take prompt action in response to the change and put emphasis on communications with clients. With such attitudes, I will provide more satisfactory services than expected. I will come into line with you to sincerely support you in exploitations of your ideas.



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