Peru approves electronic publication system of IP rights

The INDECOPI (Peruvian Industrial Property Office) approved, on June 29, 2017, the Supreme Decree no. 071-2017- PCM which regulates the electronic publication system for trademarks, patents, utility models, industrial designs and other property intellectual rights.

The main provisions introduced by the decree relate to the creation of an electronic bulletin and related aspects. Therefore, from the July 4th, 2017, all the publications will be made through the electronic gazette of INDECOPI, daily, and on a permanent basis. These publications are now free of charge contrary to what happened before and will be automatic whenever an applicant uses the Nice classification or  when the identified products or services are accepted by an examiner. In case there is the necessity of making adjustments or exclusions to be made by the applicant, the INDECOPI will send a notification to the applicant’s representative in order to approve or answer to it within 15 days.

The decree also determines that should the examiner request clarifications to the description of products or services, it will be granted the term established by law, i.e., 10 days, with the possibility of requesting an extension of 10 additional days. The deadline to file third party opposition remains 30 days after the publication in the electronic gazette. Last but not least, pending applications with a pending publication order can also be made through the electronic gazette. However, this request must be made in writing and at least 5 working days before the publication.

INDECOPI is a public institute of the Peruvian State whose main function is to protect intellectual property rights used in commerce from the actions of Economical Agents which can compromise the commercialization of goods or services through monopolistic or unfair commercial practices.