Peru: Guidelines applicable to the procedure for Compulsory Patent Licenses; Licenses Regime for Trademarks and Patents

Alejandro Castro AnguloPartner and Managing Director, Union Andina

Guidelines applicable to the procedure for Compulsory Patent Licenses

On September 19, 2019 Indecopi´s Directorate of Inventions and New Technologies by Resolution No. 002706-2019/DIN-INDECOPI approved the guidelines applicable to the procedure for the issuance of Compulsory Licenses contemplated in Decision 486 and Legislative Decree 1075.

The guideline develops the requirements that the application for the issuance of a compulsory license must meet and the procedures for 4 types of compulsory licensing.

For more information, click here.

A brief overview on the Licenses Regime for Trademarks and Patents

Common Regime on Industrial Property – Andean Decision 486 establishes the obligation to register the license contract before the trademark office; failure to register it shall cause the transfer to be unenforceable against third parties.

Likewise, Andean Decision 486 indicates that a license contract for the exploitation of patents will not be registered if it doesn´t comply with Common Provisions on the Treatment of Foreign Capital and free competition practices.

For more information, click here.