Barreda Moller writes...

The Coming into Force of WIPO Administered IP Multilateral Treaties

As part of the obligations assumed by virtue of the Free Trade Agreement with the US, Peru put into force on 2009, two important treaties concerning IP protection and protection systems, respectively: the Trademark Law Treaty (TLT) and the Patent Cooperation Treaty (PCT).

The PCT entered into force in Peru on 6 June 2009. Peru will accept national phase applications corresponding to PCT applications filed after such date.

The main changes introduced in Peruvian trademark law as a consequence of the adherence to the TLT, concern the following aspects:

  1. The elimination of notarization/legalization requirements applicable to Powers of Attorney, except where dealing with withdrawals, limitations of goods/services in an application, partial or total waivers of trademark registrations, and infringement actions.
  2. The reduction of formalities applicable to documents sustaining changes after registration, i.e. changes of name, changes of address, assignments, mergers.
  3. The possibility to divide a trademark application or trademark registration.
  4. The possibility to file multi-class applications.

The TLT entered into force inPeruon 6 November 2009.

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