Organisation: INDECOPI

New Administrative Court of Appeals mandatory precedent on issuance of new resolutions

At issue was whether the maximum term for resolving administrative proceedings under Peru’s Legislative Decree 1075 applies where a first decision has already been issued, but has subsequently been declared null.

26 November 2021

Frida Kahlo heirs prevail in dispute with offshore company set up to exploit rights in artist’s name

The Peruvian Administrative Court of Appeals has ruled in favour of the heirs of Mexican artist Frida Kahlo in a dispute with the company established to exploit the FRIDA KAHLO mark.

25 August 2021

Image recognition and KYC initiative top priorities for Mercado Libre, head of brand protection reveals

Earlier this month, Mercado Libre revealed that reports of IP infringement fell across its platforms in the second half of 2020. We spoke to head of brand protection Juan Cichero to find out what more the company is doing to differentiate its services and combat evolving counterfeit activity.

26 July 2021

New mandatory precedent regarding assessment of genuine interest in Andean opposition

According to a recent resolution of the Administrative Court of Appeals, the assessment of the genuine interest - based on a trademark application or a registered trademark - in an Andean opposition must be evaluated at the time of filing of the opposition.

19 July 2021

Publication of two new mandatory precedents regarding cancellation actions

Two new mandatory precedents concerning cancellation actions were recently published in Peru’s official gazette. One of the issues considered was whether the same evidence may prove the use of two or more trademarks in different cancellation actions.

07 July 2021

IP rights owners beware: conflicting criteria for trademark examination used in analogous cases within the Andean Community

The IP offices of Colombia, Ecuador and Peru have issued conflicting decisions in cases involving the same figurative trademark for the same goods, even though the decisions were all based on the Andean Community regulations and case law.

20 April 2021

The KOTEX case or the importance of expressly stating the grounds on which an opposition is based

In a victory for Kimberly Clark Worldwide Inc, Peru’s Administrative Court of Appeals has declared - pursuant to a Supreme Court of Justice order - the nullity of two resolutions issued over 14 years ago in a dispute involving two KOTEX marks.

16 April 2021

Use of Toyota’s marks on car parts held not to fall within Article 157 exception

Peru's Administrative Court of Appeal has found that use of the sign USE FOR TOYOTA/LEXUS AUTOPARTS on imported oil and fuel filters did not fall within the exception provided for by Article 157 of Decision 486.

06 April 2021

Precautionary measures issued based on trade dress of BaByliss hair straightening iron

The Peruvian Trademark Office has recognised that the grey-blue colour and the font used for the word element ‘Nano Titanium’ are part of the trade dress of BaByliss’ Nano Titanium hair straightening iron.

18 March 2021

No GASTÓN spoons and forks – sign that could affect the prestige of a person refused 

Peru’s Administrative Court of Appeal has confirmed the first-instance resolution that rejected the application for the mark GASTÓN, ruling that the mark could affect the reputation of the Peruvian chef Gastón Acurio.

12 March 2021

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