Peru

Please contact our LAM-office for more information about our services in Peru:

React Latin America
O´Higgins 2062, 4th Floor
Ciudad Autónoma de Buenos Aires, Argentina
T +5411 4896 2751
Contact: Ms Estela de Luca
latinamerica@react.org


Since Peru borders in the west with the Pacific Ocean, it has many seaports that are import and export outlets. The main seaport of Peru is the Port of Callao, which is located west of Lima, the country's capital. Other main export and import outlets in the country are located in Tacna (southern city of Peru that borders with Chile) and in Piura, specifically the seaport of Paita (northwestern city of Peru). Most of counterfeit goods come from Ecuador and Chile (through Puno). Furthermore, Colombia and Peru have signed agreements recognized tax benefits, becoming the route of commercialization that connects both countries attractive, since its allows the entrance of infringed goods and its redistribution in local markets without paying differential taxation. It is important to register the trademarks and copyrights before Customs (SUNAT) in order to stop imported/ exported or in transit suspected merchandise at borders according to Border Measures for the Protection of IPRs legislation.

Our services in Peru

  • Amicable settlements and/or negotiation settlements
  • Appearing in hearings in enforcement procedures
  • Desk research
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Drafting and filing preliminary injunctions
  • Filing Customs applications
  • Follow up out-of-court procedures (C&D-letters, negotiations, settlement drafting)
  • Handling court proceedings (criminal or civil in all their instances)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Representing Members at training sessions

Country Procedures

  • Customs application available, not mandatory
  • Customs application is valid for 1 year. Renewal can be filed at any time of the year but must be renewed within January (the first 30 days of a year)
  • No Simplified procedure
  • Customs may act ex officio
  • Deadline for response to Customs notification of detention is 3 days (upon recordation of IP rights with Customs and application of Border Measures law)
  • Deadline for importer to respond to seizure is 10 days
  • Local authorities tasked with taking criminal action against infringers are: Customs, Peruvian Trademark Office (PTO), Peruvian Copyright Office (PCO), Prosecutor and the Police specialized in Intellectual Property matters
  • Remedies available by law: confiscation, imprisonment and fine
  • Proof of knowledge of counterfeiting is required
  • Interim injunctions, contributory liability remedy and damages and costs are available