PERU: An Introduction to Intellectual Property

According to the Macroeconomic Projections Update Report, Peru's GDP is expected to grow by 3.1% in 2024, driven mainly by increased exports, investment and private consumption. Between 2024 and 2027, Peru's GDP growth rate (3.0%) is projected be one of the highest in the region, surpassing those of countries such as Colombia, Chile and Mexico. Private investment, registering a growth rate of 2.4% in 2024, is projected to continue to show a positive trend owing to the recovery of both mining and non-mining investment. Exports are expected to grow by 4.5%, driven by traditional copper and fishmeal shipments as well as non-traditional agro-export products.

Because of this, it is crucial to strengthen and improve the effectiveness of intellectual property law to encourage investments and exports of products and services. For this reason, the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI) has taken several actions to update and reinforce its role in the promotion and protection of intellectual property. Recognising the importance of patents for economic, scientific and technological development, particularly in the field of environmentally sustainable technologies, on 19 April 2024, through Resolution No. 001160-2024/DIN-INDECOPI, guidelines for the implementation of the Accelerated Program for Green Patents, which began on 2 May 2024, were published.

Likewise, INDECOPI approved its Institutional Strategic Plan 2027, which includes among its objectives the creation, protection and defence of intellectual property for natural and legal persons. This plan establishes strategies to face the challenge of digital transformation and improve the efficiency of the processes of the intellectual property system.

INDECOPI also participated in the 17th Meeting of the Patent Cooperation Treaty (PCT) Working Group, held from 19 to 21 February 2024 in Geneva, Switzerland, where an update to the ePCT system for electronic filing of international patent applications, a tool used by Peruvians for the prosecution of PCT international applications, was discussed.

Additionally, representatives of INDECOPI participated in the 58th Meeting of the Intellectual Property Experts Group (IPEG) of the Asia Pacific Economic Cooperation (APEC) 2024, which was held in Lima on February 26 and 27. INDECOPI’s Director of Distinctive Signs presented an update on the Guide on Digital Enforcement to Improve the Fight Against Trademark Counterfeiting, financed by APEC. The objective of the project is to strengthen the ability of APEC economies to combat trade mark counterfeiting in the digital environment and improve the enforcement system in the region, thereby increasing trust in digital commerce.

Within the framework of APEC 2024, INDECOPI also presented guides in the Quechua, Aymara, Asháninka and Awajún languages to protect the collective knowledge of indigenous peoples, prepared with support from the Global Environment Facility-Access and Benefit-Sharing (GEF-ABS) Nagoya Project and the Ministry of Environment, within the framework of a law that establishes a protection regime for this knowledge (Law 27811) and in accordance with the Nagoya Protocol.

The participation of an official in this session strengthened INDECOPI's position at the international level regarding the national policy for protecting the country’s brand. In addition, his participation in the Standing Committee on the Law of Trademarks (SCT) session, which included a sub-session on geographical indications, will make it possible to disseminate the progress made in the Peruvian system and to learn about best international practices in this area.

With the aim of concluding the negotiations to adopt an international instrument that regulates disclosure of the origin of genetic resources or associated traditional knowledge in the patent system, the main objective of which is to improve transparency and prevent the improper granting of patents, INDECOPI and the Ministry of Foreign Affairs participated in a diplomatic conference of the World intellectual property Organization (WIPO) that took place from 13 to 24 May 2024 in Geneva, Switzerland.

The Executive President of INDECOPI, Alberto Villanueva Eslava, participated in the 65th Series of Meetings of the Assemblies of the Member States of WIPO, held from 8 to 12 July 2024 in Geneva, Switzerland, where several bilateral agreements were signed.

• With the representative of the European Patent Office (EPO), Antonio Campinos, the 2024–25 work plan was signed to strengthen the ability of national patent examiners with respect to co-operative classification, searching and analysis to ensure high-quality patent examinations for the benefit of Peruvian innovators.
• A letter of intent for collaborators to pursue a diploma in intellectual property and innovation management was signed together with the WIPO Academy, through its executive director, Sherif Saadallah.
• An agreement with the National Institute of Industrial Property (INAPI) of Chile, represented by its director Loreto Bresky, was signed, which will facilitate access to the public records/collective knowledge of indigenous peoples and archives documenting the traditional use of Peruvian biological resources.
• A co-operation agreement with the director general of Costa Rica's National Registry, Agustín Meléndez, was signed to strengthen the exchange of experiences and technical assistance in intellectual property matters.

It is important to note that INDECOPI, through Resolution No. 13299-2023/DSD-INDECOPI, officially recognised pan de anís, a culinary treasure from Concepción, in the Junín region, as Peru's first “traditional guaranteed specialty” (TGS). The designation was formally completed in the presence of the artisanal bread-makers of Concepción on 20 June 2023. The TGS designation serves as an intellectual property tool designed to safeguard traditional recipes and production techniques. It enhances the market value of food products by providing consumers with information about their unique characteristics, and also contributes to regional economic revitalisation through gastronomic tourism.

Furthermore, due to the increase in digital advertising, INDECOPI presented the Advertising Guide for Influencers, a didactic document that seeks to promote the responsible use of advertising by influencers on digital platforms, especially social networks, and offers guidance regarding the creation of original content without infringing intellectual property rights.

As part of the Third Senior Officials' Meeting of APEC 2024, a workshop titled Digital Enforcement to Strengthen the Fight Against Trademark Counterfeiting was held. Organised by the Distinctive Signs Directorate, the workshop addressed the fight against trade mark counterfeiting in the digital environment, which directly impacts entrepreneurs and businesses. It brought together participants from both the public and private sectors to discuss strategies, policies and regulations that should be implemented or enhanced within the APEC region. This workshop will serve as a foundation for developing the Guide on Recommendations and Guidelines for Designing and Implementing Public Policies Related to Digital Enforcement to Improve the Fight Against Trademark Counterfeiting within the APEC region. This guide is being prepared by the Distinctive Signs Directorate of INDECOPI, funded by APEC, with the results being scheduled for publication in May 2025.

Finally, it is worth mentioning that, in July 2023, Law No. 31814 ("Law that promotes the use of artificial intelligence in favor of the country's economic and social development") was enacted with the aim of promoting the use of artificial intelligence (AI) in key sectors. The draft regulation for that law encourages the ethical use of AI-based systems, through which it will seek to ensure – among many other aspects – the protection of copyright and intellectual property rights in relation to the use and development of AI-based systems. This law – and its future regulation – represents a significant step towards harnessing the potential of AI for Peru’s economic and social advancement. By focusing on the ethical use of AI and incorporating provisions to safeguard copyright and intellectual property rights, the draft regulation underscores the importance of a responsible and safe approach to AI development. This comprehensive framework aims to ensure that AI technologies are utilised in a manner that not only drives innovation but also respects and upholds crucial intellectual property rights, setting a strong foundation for future advancements in the field.

Taking into account all the aforementioned developments, we consider Peru to be positioned for significant economic growth in the coming years, bolstered by an uptick in exports, investments and private consumption. This growth is supported by strategic actions by INDECOPI aimed at enhancing intellectual property frameworks and promoting innovation. By implementing measures such as the Accelerated Program for Green Patents and actively participating in international forums, INDECOPI is not only fostering a robust intellectual property environment but also aligning Peru with global best practices. These efforts, coupled with new regulations and guides, underscore Peru's commitment to protecting its unique cultural assets and advancing technological development. As the country accelerates its economic trajectory, these intellectual property initiatives will play a crucial role in sustaining growth and ensuring the effective protection of innovations and traditional knowledge.