Consumers identify and acquire products or services by basically recognising a brand or logo. But what’s behind all this? It is vitally important for entrepreneurs and inventors to protect themselves from counterfeiters who use similar brands and inventions of inferior products or services and who may potentially take advantage of hard-earned, renowned and prestigious brands or patents.
Brand and Patent Definition
According to The National Institute for the Defence of Competition and Protection of Intellectual Property (INDECOPI); specialized public organization for the registration of brands and patents in Peru, ‘Brands’ are defined as: ‘a sign used to distinguish and differentiate products or services in the market’. Furthermore, it must comprise of two principal characteristics:
(1) It must be possible to represent it graphically
(2) It must have distinctive aptitude
INDECOPI defines ‘Patents’ as ‘a title granted by the State to the creator or owner of an invention to exercise the exclusive right to sell an invention during a determined period of validity and in a specified territory.
Main Characteristics for the Registration of Brands and Patents in Peru
Peruvian Brand and Patent Registration Process
The registration of brands and patents in Peru must comply with the Single Text of Administrative Procedures Act (TUPA) of the Directorate of Distinctive Signs (DSD), which requires the following:
- The application, with the identification data of the applicant (ID card/RUC). If the applicant acts through a representative, he must attach a power of attorney and in the case of natural persons, private documents are required.
- Indication of a sign that is intended to be registered
- Expressed indication of the products/services or economic activities and the type according to international classification (Niza Classification1).
- In case of a foreign priority claim on the basis of a registry application presented in another country, the registry application number must be indicated with the priority claim, as well as the country in which the application is presented. In this particular situation, a certified copy issued by the competent authority of the first registry application must be enclosed, or the presentation date of the application certified, and translated into Spanish as necessary.
- Signature of the application by the applicant or their representative.
- Enclose receipt of payment for procedure right, estimated at 13.90% of the Peruvian Tax Unit (UIT), the value of UIT for this year 2017 being S/. 4,050.
Peruvian Patent Registration Process
In the case of registering patents, according to the Single Text of Administrative Procedures Act (TUPA) of the Directorate of Inventions and New Technologies (DIN), the requirements are as follows:
- Cost: The cost for the application presentation rights equivalents to 35.20% of the Peruvian Tax Unit (UIT). Attached to the application must be:
(i) Name, address, and nationality of the inventor
(ii) title or denomination of the invention
(iii) description of the invention; also required are one or more drawings in case it is necessary to understand the invention
(iv) One or more claims
(v) Summary of the Invention
- Priority Document: Peru is a member of the Paris Agreement. Priority may be claimed based on a patent application presented within the last twelve (12) months. For this, a certified copy must be presented to the application within sixteen (16) months after the presentation date of the application whose priority is claimed. This will be certified by the issuing authority.
- Transfer/Assignment Document: When an applicant is a different person to the inventor, it is necessary to provide an investor’s transfer deed, legalized by a Peruvian Consulate. The transfer deed must be provided within the two (2) months after the presentation date of the Peruvian application.
- Spanish Translation: When a patent is described in a language different to Spanish, it is necessary to also be presented with its Spanish translation.
Importance of Registering Brands and Patents in Peru
Finally, it is very important to be aware that a brands objective is not only the identification of a product or service, but the development of loyalty towards a product or service. For this reason, it is important to register a brand and/or patent to be able to remain competitive in the commercial market. Registration allows the creator to become the owner and to be uniquely authorised to use the brand for the next ten years following its inscription, which can later be renewed. The benefits and advantages in terms of patent registrations are the exclusive rights granted to manufacture, execute, produce, use or sell the patented object as commercial and lucrative exploitation.
If you are considering the registration of a brand and/or patent in Peru, do not hesitate to contact Peru Business Services for further information and assistance. Once you have your brand/patent registered, it is time to enter the Peruvian market and take advantage of economic growth, a mining boom and growth in copper production. Feel free to get in touch with Craig from the Biz Latin Hub group at [email protected].