Barreda Moller writes...

Free Trade Agreement with the European Union

Peru has concluded the negotiations on a Free Trade Agreement with the European Union. Title VII contains the rules on Industrial Property mandatory for Peru and all 27 countries members of the European Union.

The declared purpose of the Intellectual Property Title is to promote innovation and creativity and facilitate the production and marketing of innovative and creative goods among the parties, as well as obtaining an adequate and effective level of protection and observancy of Intellectual Property rights which may contribute to technology transfer and may lead to social and economic benefit as well as an equilibrium between the title holders and the public interest. The rules of Title VII contain provisions on copyright, copyright-related rights, patents, trademarks, trading names, designs, layout designs (topographies) of integrated circuits, geographical indications, plant varieties, and protection of non-divulged information (data secrets).

The agreement also provides for the protection of biodiversity and traditional knowledge associated with local and indigenes communities. The parties also subject themselves to the rules of the Paris Convention and the TRIPS Convention.Perucompromises itself to make reasonable efforts to apply the rules of the Trademark Law Treaty as adopted inGenevaon 27 October 1994 and is also obliged to make reasonable efforts to adhere to the Madrid Protocol.

The Peruvian Government has not yet made public when this Free Trade Agreement comes in force although it is estimated that this will occur as of January 2012.

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