Skip to main content

Peru (50 texts)

Quick Access
Laws (39 texts)	Implementing Rules/Regulations (11 texts)	Treaty Membership (76 texts)
Relevant links

Laws	Constitution / Basic Law (Date of current version) Political Constitution of Peru of 1993 (1993) Main IP Laws: enacted by the Legislature (Date of current version) Law No. 29316 amends, incorporates and regulates miscellaneous provisions on the implementation of the Trade Promotion Agreement signed between Peru and United states (2010) Law No.28571 of July 05, 2005, amending Articles 188 and 189 of Legislative Decree No. 822. (2005) Law No. 28477 of March 22, 2005; Law declaring Crops, Native Breeds and Usufruct Wildlife Species part of the Nation's Natural Heritage (2005) Law No. 28216 on the Protection of Access to Peruvian Biological Diversity and Collective Knowledge of Indigenous Peoples (2004) Law No. 28126 of December 13, 2003: Law to Regulate Infringements to the Rights of Breeders of Protected Plant Varieties (2003) Law No. 28131 of December 10, 2003; Law on Performers (2003) Law No. 27861 of October 24, 2002 on the exemption from payment of copyright fees for the reproduction of works for the visually impaired (2002) Law No. 27811 of 24 July 2002, introducing a Protection Regime for the Collective Knowledge of Indigenous Peoples derived from Biological Resources (2002) Law No. 26839 July 8, 1997; Law on the Conservation and Sustainable use of Biological Diversity (1997) Decision 345 of the Commission of the Cartagena Agreement on the Common Provisions for the Protection of the Rights of Breeders of Plant Varieties of October 21, 1993 (“Decision 345”) (1993) IP-related Laws: enacted by the Legislature (Date of current version) Law No. 29263 of September 23, 2008 amending various articles of the Penal Code and the General Law on the Environment. (2008) Law No. 29013; law amending the Commission to Combat Piracy and Customs Crimes' composition (2007) Law No. 28677; Security Interest Law (2006) Law No. 28331 of August 13, 2004; General Law on Regulatory Councils for Appellations of Origin (2004) Code of Criminal Procedure. Legislative Decree No. 957 of July 22, 2004 (2004) Law No. 28289. Law against Piracy (2004) Law No. 28187 of March 8, 2004; Law to incorporate Article 244 in Law No. 27444. (2004) Law No. 28086 of October 10, 2003, Law on the democratization of Books and Reading Promotion (2003) Law No. 27595; Law establishing the Commission to Fight Contraband and Customs Revenue Fraud (2001) Law No. 27584 of November 21 of 2001; Law regulating Administrative Litigation (2001) Law No. 27444 of April 10, 2001; Law on the General Administrative Procedure (2001) General Corporation Law, No. 26887 (1997) General Health Law No. 26842 (1997) Environment and Natural Resources Code, Legislative Decree No. 613 (1990) IP Laws: issued by the Executive (Date of current version) Legislative Decree No. 1072, Data Protection on Tests and undisclosed documents on Pharmaceutical Products (2008) Legislative Decree No. 1074; Legislative Decree approving the Standard on the Protection of Information relating to Security and Efficiency in marketing procedures of Chemical Pesticides for Agricultural Use (2008) Legislative Decree No. 1075 of June 27, 2008. Resolution approving the Complementary Provisions to Decision 486 of the Andean Community Commission establishing the Common Regime on Industrial Property (2008) Legislative Decree No. 1076 of June 27, 2008 Law Amending Legislative Decree No. 822 (2008) Legislative Decree No. 1092 approving protection measures to be implemented at the national borders in order to protect Copyright and Related Rights and Trademarks (2008) Legislative Decree No. 1044 of June 25, 2008; approving the Law on Suppression of Unfair Competition (2008) Legislative Decree No. 1033 of June 24, 2008; Law on Organization and Functions of the National Institute for the Defense of Competition and Protection of Intellectual Property Rights (INDECOPI) (2008) Legislative Decree No. 1029 of June 23, 2008 amending Law No. 27444. Law of General Administrative Procedure (2008) Legislative Decree No. 635, Penal Code of April 3, 1991 (2004) Supreme Decree 013-2003 - PCM Measures to ensure legality in software acquisition by public entities and agencies (2003) Copyright Law - Legislative Decree No. 822 of April 23, 1996 (1996) Legislative Decree No. 807; Attributions and Faculties, rules and organization of INDECOPI (1996) Decree Law No. 25868 of November 6, 1992 on the Organization and Functions of the National Institute for the Defense of Competition and Intellectual Property Protection - INDECOPI - last amended by Decree Law No. 807 of April 18, 1996 (1996) Legislative Decree No. 788, reorganizing the National Institute for the Defense of Competition and Intellectual Property Protection - INDECOPI (1994)

Implementing Rules/Regulations	Intellectual Property (Date of current version) Supreme Decree Nº 035-2011-PCM Approving the Regulations for the Protection of the Rights of Breeders of the New Plant Varieties (2011) Supreme Decree No. 001-2009-SA, Regulations on Article 50 of Law No. 26 842, the General Health Law (2010) Supreme Decree No. 099-2009-PCM of February 16, 2009; Regulation on the Organization and Functions (ROF) of the National Institute for Defense of Competition and Protection of Intellectual Property (INDECOPI) (2009) Resolution No. 043-2009/SUNAT/A approving Guidelines on "Measures for use at Domestic Borders at the Request of a Party" INTA-IT-00.08 (version 1). (2009) Supreme Decree No. 002-2009-SA; Legislative Decree 1072, Protection of test data and other undisclosed data relating to Pharmaceuticals (2009) Supreme Decree No. 003-2009-EF; Regulation of Legislative Decree No.1092 approving protection measures at domestic borders for copyright and related rights and trademarks (2009) Ministerial Resolution No. 087-2008-MINAM of December 31, 2009, Regulation on Access to Genetic Resources (2008) Supreme Decree No. 088-2005-PCM; Unified Administrative Procedures Text (TUPA) of the National Institute for Defense of Competition and Protection of Intellectual Property (INDECOPI) (2005) Supreme Decree No. 008-2004-ED, Regulation of the Law No. 28086, Law on democratization of Books and Reading Promotion (2004) Regulation on the National Copyright and Related Rights Registry; Resolution No. 0276-2003/ODA-INDECOPI (2003) Supreme Decree No. 03-94-ITINCI, of March 18, 1994 enacting provisions relating to the protection of Copyright and Related Rights as established under Decision No. 351 of the Cartagena Agreement (1994)

Treaty Membership	WIPO-Administered Treaties (Entry into force of the Treaty for the Contracting Party) Summary Table of Membership of the World Intellectual Property Organization (WIPO) and the Treaties Administered by WIPO, plus UPOV, WTO and UN Beijing Treaty on Audiovisual Performances ... Nairobi Treaty on the Protection of the Olympic Symbol ... Trademark Law Treaty (November 6, 2009) Patent Cooperation Treaty (June 6, 2009) Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (January 20, 2009) Lisbon Agreement for the Protection of Appellations of Origin and their International Registration (May 16, 2005) WIPO Performances and Phonograms Treaty (July 18, 2002) WIPO Copyright Treaty (March 6, 2002) Paris Convention for the Protection of Industrial Property (April 11, 1995) Berne Convention for the Protection of Literary and Artistic Works (August 20, 1988) Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (August 24, 1985) Brussels Convention Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite (August 7, 1985) Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (August 7, 1985) Convention Establishing the World Intellectual Property Organization (September 4, 1980) IP-related Multilateral Treaties (Entry into force of the Treaty for the Contracting Party) Agreement on the Importation of Educational, Scientific and Cultural Materials ... Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties ... Nagoya - Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety ... Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity ... Protocol (III) additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem ... Protocol 1 annexed to the Universal Copyright Convention as signed at Geneva on 6 September 1952 concerning the application of that Convention to works of stateless persons and refugees ... Protocol 2 annexed to the Universal Copyright Convention as signed at Geneva on 6 September 1952 concerning the application of that Convention the works of certain international organizations ... Protocol 3 annexed to the Universal Copyright Convention as signed at Geneva on 6 September 1952 concerning the effective date of instruments of ratification or acceptance of or accession to that Convention ... International Convention for the Protection of New Varieties of Plants (UPOV) (August 8, 2011) Convention on the Rights of Persons with Disabilities (May 3, 2008) Optional Protocol to the Convention on the Rights of Persons with Disabilities (May 3, 2008) Convention on the Protection and Promotion of the Diversity of Cultural Expressions 2005 (March 18, 2007) Convention for the Safeguarding of the Intangible Cultural Heritage (April 20, 2006) Stockholm Convention on Persistent Organic Pollutants (December 13, 2005) International Plant Protection Convention (October 2, 2005) Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict (August 24, 2005) WHO Framework Convention on Tobacco Control (February 28, 2005) Kyoto Protocol to the United Nations Framework Convention on Climate Change (February 16, 2005) Agreement for the establishment of the Global Crop Diversity Trust (October 21, 2004) Cartagena Protocol on Biosafety to the Convention on Biological Diversity (July 13, 2004) International Treaty on Plant Genetic Resources for Food and Agriculture (June 29, 2004) United Nations Convention on Contracts for the International Sale of Goods (April 1, 2000) Agreement establishing the World Trade Organization (WTO) (January 1, 1995) World Trade Organization (WTO) - Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (January 1, 1995) United Nations Framework Convention on Climate Change (March 21, 1994) Convention on Biological Diversity (December 29, 1993) Protocol (I) Additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts (January 14, 1990) Protocol (II) Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (January 14, 1990) Convention for the Protection of Cultural Property in the Event of Armed Conflict (October 21, 1989) Protocol to the Convention for the Protection of Cultural Property in the Event of Armed Conflict (October 21, 1989) Protocol 1 annexed for Universal Copyright Convention as revised at Paris on 24 July 1971 concerning the application of that Convention to works of Stateless persons and refugees (July 22, 1985) Protocol 2 annexed for Universal Copyright Convention as revised at Paris on 24 July 1971 concerning the application of that Convention to works of certain international organizations (July 22, 1985) Universal Copyright Convention as revised on 24 July 1971, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI (July 22, 1985) Convention concerning the Protection of the World Cultural and Natural Heritage (May 24, 1982) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (January 24, 1980) International Covenant on Economic, Social and Cultural Rights (July 28, 1978) Universal Copyright Convention of 6 September 1952, with Appendix Declaration relating to Article XVII and Resolution concerning Article XI (October 16, 1963) Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (August 15, 1956) Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (August 15, 1956) Convention (IV) relative to the Protection of Civilian Persons in Time of War (August 15, 1956) IP Regional Treaties (Entry into force of the Treaty for the Contracting Party) Inter-American Convention on the Rights of the Author in Literary, Scientific and Artistic Works ... General Inter-American Convention for Trade Mark and Commercial Protection (March 25, 1937) Regional Economic Integration Treaties (Entry into force of the Treaty for the Contracting Party) Additional Protocol to the Treaty Establishing the Andean Parliament ... Protocol of Cochabamba Amending the Treaty Creating the Court of Justice of the Cartagena Agreement (August 1, 1999) Protocol of Amendment Establishing the Andean Community and the Andean Integration System (Protocol of Trujillo) (December 30, 1997) Global System of Trade Preferences among Developing Countries (April 19, 1989) Treaty Creating the Court of Justice of the Cartagena Agreement (May 19, 1983) Treaty establishing the Latin American Integration Association (February 7, 1982) Treaty establishing the Andean Parliament (December 17, 1979) Panama Convention establishing the Latin American Economic System (SELA) (June 7, 1976) Protocol Relating to Trade Negotiations Among Developing Countries Agreement (May 29, 1976) Andean Subregional Integration Agreement (Cartagena Agreement) (October 16, 1969) IP-relevant Bilateral Treaties (Entry into force of the Treaty for the Contracting Party) Free Trade Agreement between China and Peru (March 1, 2010) Free Trade Agreement between Canada and Peru (August 1, 2009) Free Trade Agreement between Peru and United States of America (February 1, 2009) Agreement between the Canada and the Republic of Peru for the Promotion and Protection of Investments (June 20, 2007) Agreement between the Governments of the Republic of Cuba and the Republic of Peru on Mutual Recognition and Protection of their Appellations of Origin (December 25, 2001) Agreement between the Government of the Republic of Chile and the Government of the Republic of Peru for the Promotion and Reciprocal Protection of Investments (August 11, 2001) Agreement between the Government of the Republic of Colombia and the Government of the Republic of Peru on the Promotion and Reciprocal Protection of Investments (March 21, 2001) Agreement between the Government of the Republic of Peru and the Government of the Republic of Argentina on the Promotion and Reciprocal Protection of Investments (October 24, 1996) Agreement between the Government of the Republic of Peru and the Government of the Republic of Bolivia on Promotion and Reciprocal Protection of Investments (February 19, 1995) Agreement between the Republic of Peru and the Republic of Paraguay on Promotion and Reciprocal Protection of Investments (December 18, 1994)

Relevant links	Directory of IP Offices

Last Updated August 6, 2012

WIPO Lex

Related Links

E-newsletters

Enter e-mail address below to subscribe to updates

ABOUT WIPO IP SERVICES PROGRAM ACTIVITIES RESOURCES NEWS & EVENTS