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LAW No. 31497, AN AMENDMENT TO LEGISLATIVE DECREE 1075 (INDUSTRIAL PROPERTY LAW)

A new Law No. 31497 amending Legislative Decree 1075 (Industrial Property Law) was published on June 21, 2022. It differs from the terms of specific procedures carried out by the Offices of Distinctive Signs of INDECOPI.
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Articles 64-A, 99, 112, and 118 of Legislative Decree 1075 are modified by the law No.31497 in the following terms:

Trademark Resignation

The new paragraph 64A.4 stipulates that the maximum time for resigning a trademark registration (total or partial) is 90 business days, counting from the date of filing the application until the date of issuance of the resolution.

Previously, the maximum period for this procedure was 180 business days.

Modification of a trademark registration

Law No.31497 establishes a maximum 90 days period for the modification of trademark registration, counting from the date of the request to the date of the resolution issuance, as described in article 64B.

Previously, the maximum period for this procedure was 180 business days.

Time to process a request for inspection visits

Numeral 99.3 is added, it states that the maximum time to process a request for an inspection visit, in case of infringement of trademark rights, is ten business days, counted from the date of presentation of the request or correction of the omission (if applicable) until the date of issuance of the inspection order.

Previously, it was only considered how long the applicant had to complete the inspection visit, which was 30 business days maximum.

Precautionary Measure Resolution

The second paragraph of Article 112 establishes a maximum 15 days period for the issue of the resolution that decides whether the precautionary measure is accepted or denied, counting from the requesting day or when the omissions are corrected.

There was no term established before the modification.

On-demand inspections

What is highlighted in bold is added by the new law No.31497 to article 118 regarding the Infringement action:

On-demand inspections should be coordinated by the applicant within thirty (30) business days of receiving the notification of the inspection.

Trademark renewals

Article 61-C is incorporated. A trademark renewal procedure can take up to 60 business days from the date the application is filed until the time the resolution is issued.

Previously, the maximum time limit was 180 business days, counting from the application filing date.

LAW THAT AMENDS THE LEGISLATIVE DECREE 1075, LEGISLATIVE DECREE APPROVING SUPPLEMENTARY PROVISIONS DECISION 486 OF THE COMMISSION OF THE ANDEAN COMMUNITY THAT ESTABLISHES THE COMMON PROPERTY REGIME INDUSTRIAL, SIMPLIFYING THE REGISTRY, THE RENEWAL AND PROTECTION OF TRADEMARKS AND ELEMENTS OF INDUSTRIAL PROPERTY

Author: EMIR CANALES OLAZABAL​

Current legal team member of ESTUDIO DELION and former advisory attorney of the INDECOPI Directorate of Distinctive Signs.

Emir Canales Olazabal is a lawyer who graduated from the Universidad Nacional Mayor de San Marcos with extensive experience in Competition Law, Intellectual Property, Consumer Protection, Administrative Law, and Corporate Law.

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