ESTUDIO DELION - Experience - Prestige - Success
Industrial design registration in Peru
The registration of an industrial design in Peru grants its owner exclusivity for a non-renewable period of 10 years from the date of filing of the application. Exclusivity allows you to directly exploit the industrial design or grant licenses, assignments and other powers to third parties. On the other hand, exclusivity is also manifested in the power to initiate actions for infringement, request precautionary measures and sanctions against any infringer. Source: Indecopi
Estudio Delion provides personalized consultancy through Work Meetings and Feasibility Studies that allow us to understand the necessities of the industrial designer who is interested in protecting their creations; these steps save time and money since they decrease transaction costs and facilitate the taking of right decisions in a shorter term.
Services for an industrial design in Peru
- Industrial Designs searches by title or by owner, including our legal evaluation related to the registrability.
- Registration of industrial designs including preparing, filing and prosecution.
- Claiming of foreign priority.
- Recordal of Assignment, License, Merger, Change of Name or Address.
- Appeal and defense to appeals filed by third parties.
- Nullities, cancellations and other related matters.
- Infringements and Unfair competition actions.
- Integral Consultancy
I. General data:
- Designer(´s) name, address and nationality
- Title of the Industrial design.
- Industrial Design Specification.
- One or more claims.
- Drawings or designs, three samples, including design in perspective (isometric view) and main views, if any.
II. Documents Required :
1. Power of Attorney (*) it must be duly signed by the applicant or the legal representative of the applicant company, pointing out his position in the company.
One Power is sufficient for any numbers of applications on behalf of a same applicant.
2. Deed of Assignment ; when the applicant is a person different from the designer(s) an assignment from the designer(s) duly legalized is required. Deed of Assignment can be deposited within the sixty (60) days after the filing date of the Peruvian application.
3. Priority Document ; Peru is a member country of the Paris Convention. Therefore, priority can be claimed based on an Industrial Design application filed within the last twelve (12) months. A certified copy of the priority application must be filed within the sixteen (16) months after the filing date of this priority application, and this must be certified by the authority who issued the same. If the priority document is not filed within the aforesaid sixteen (16), the priority will be lost, but the application will follow as a normal application or as an application without priority.
An application of Industrial Design must be filed before the competent National Office in Spanish language.
The Peruvian Patent Office will not accept the filing of an Industrial Design Application and any serial number and filing date will be given, if the translation into Spanish language is not enclosed.
IV. Prosecution of an Industrial Design takes :
From one (1) to two (2) years, approximately.
V. Validity of an Industrial Design:
Ten (10) years
Industrial design International Agreements:
- Paris Convention, Washington Convention, Cartagena Agreement (Andean Community) and ADPIC.
- Novelty Requirements: Yes
- Claiming Priority: Yes, but it is not compulsory to claim priority.
An application will receive an initial examination on both absolute and relative grounds. The design is then published for opposition, and if no oppositions are filed, the patent office proceeds to examine registrability of the design.
Ten (10) years.
Extension Term: No.
Publication: Once in the Official Gazette EL PERUANO.
Opposition against Industrial design in Peru:
It is available. Decision 486 of the Andean Community allows for an opposition proceeding after publication in the Official Gazette and before substantive examination proceedings regarding registrability are completed.
Annuity Payments: None.
Grace Period for Annuity Payments: None.
Compulsory Licensing: No.
Working or nominal working of Design: No.