Industrial Designs

– 1993 Political Constitution; Civil Code (Articles 884 and 886.6); Penal Code (Article 223 and 224).
– Decision 486 of the Andean Community (Cartagena Agreement), in force since December 1, 2000.
– Legislative Decree No. 1075 Approving the Supplementary Provisions of Decision No. 486 of the Andean Community, published in in the official gazette El Peruano on June 28, 2008.
– Legislative Decree No. 1397 on Amendments to Legislative Decree No. 1075, published in the official gazette El Peruano on September 7, 2018.

Membership in International Conventions

– Convention Establishing the World Intellectual Property Organization (WIPO), since September 4, 1980.
– WTO’s TRIPS Agreement (ADPIC), since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since April 11, 1995.
– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since September 30, 2010.

Filing, Protection

Applicant: the designer or his/her representative.

Foreign applicant: must appoint a representative residing in the country.

Kinds of industrial designs: an industrial design is defined as any merging of lines, or combination of colors, or any two-dimensional or three-dimensional outer shape which is incorporated into an industrial or handcrafted product, to give it a special appearance, without changing the intended use or purpose of such product, and which serves as a type or pattern for its manufacture.

Novelty: an industrial design or model is not new and is not protectable if, before the date of the application or the priority date, it was made accessible to the public in whatever place or at whatever time, by means of a description, use or any other way.

Priority: according to the Paris Convention.

Opposition to application: can be filed within thirty working days from the publication in the Official Gazette.

Delivery of document: the industrial design certificate is issued in digital format.

Duration: ten years from the application date.

Infringement and penalties: the registration holder has the right to act against any third party who, without his consent, manufactures, imports, offers, or makes commercial use of products which reproduce the industrial design.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, signed by an authorized representative of the applicant. The document must show the title or position of the signer;
2. Attach figures, physical, photography or technical drawings, including the perspective design (isometric view) and main views, as appropriate;
3. Copy of the document of assignment of designers with the signatures duly legalized, if applicable.

Electronic filing: enabled since April 2020 for users to send documents through the virtual reception desk on the website of INDECOPI. 

Electronic signatures: are accepted for writs by the virtual reception desk.

For a change of name or address:
1. Power of attorney mentioning the new name or address; a scanned copy is sufficient.