A group of Intellectual Property Law experts in our Firm are in charge of providing legal advice on, registering, controlling and overseeing distinctive signs (trademarks, slogans and trade names), domain names, patents, industrial designs, utility models, and copyrights.
We provide specialized advice on sanitary regulation and manage the sanitary registration of pharmaceutical products, cosmetics, agrochemical products, food and beverages.
Our lawyers have substantial experience in anti-piracy and anti-counterfeiting campaigns. Thanks to their broad experience in this area, they are in a position to protect well-known national and international trademarks.
Advanced software systems and a contact network that includes several intellectual property agents worldwide complement our lawyers’ specialized knowledge. As a result, we can offer our clients the most complete service in this field.
TRADEMARKS AND DOMAIN NAMES
Summary
The Intellectual Property Practice Group provides specialized advice in relation to the registration, control and oversight of distinctive signs (product marks, service marks, slogans, trade names, collective marks, certification marks).
The quality of our advisory services is guaranteed by our solid structure, which is in turn the result of our high degree of specialization, the development of state-of-the art technology to oversee our clients’ trademark portfolio, and a network of international contacts that we make available to our clients.
Thanks to these tools, we are in a capacity to manage national and international trademark portfolios and file registration applications and follow other procedures in any part of the world.
Services
- Procedures
Our legal team is highly qualified to plan our clients’ industrial property defense strategies and file and successfully complete all kinds of related procedures with administrative and judicial authorities in the country.
Some industrial property procedures include: registration, renewal, cancellation, nullity, infringement accusations, etc.
- Advisory services
Our clients receive preventive advice to protect their industrial property rights. We answer all the questions our clients may have in relation to industrial property matters. This service also includes advice on the preparation and review of assignment and/or license contracts for industrial property elements (distinctive signs, patents, industrial designs, utility models).
- Trademark Control and Oversight
Our Firm has internally developed specialized software, which we have called "Trademark Control and Oversight System" (SCVM for its acronym in Spanish), which is aimed at keeping a detailed and automated control of our clients’ distinctive signs, including those in respect of which registration applications are filed with the Peruvian Trademarks Office, in such a way that we are in a capacity to protect the former against third-party infringements or their eventual expiry.
Through the SCVM, we compare the distinctive signs in respect of which registration applications are filed in our country with our clients’ distinctive signs. In this way, we can detect any eventual similarity that may infringe our clients’ industrial property rights and, if applicable, file in due course the pertinent legal actions. Our clients receive this information through our report called "ALERTA DE OPOSICION" (Opposition Warning).
Additionally, through the SCVM system, we can keep our clients informed on a monthly basis of the filing of registration applications related to their sphere of economic activity, for them to be aware of registration applications filed in relation to the class of products or services they may be interested in.
Apart from and together with the SCVM, we have developed a novel program that we have called "IP SOFT SYSTEM", through which our clients can gain access, from their own offices, to consolidated information on their distinctive sign portfolio kept in our database. This program also provides access to distinctive signs published in Peru’s Official Gazette.
- Monthly Report on Publications and Ongoing Procedures
Every month, our clients receive a report issued by our Intellectual Property Practice Group, where we inform them about the current status of each of their ongoing procedures. A list of registration applications filed in Peru during the last month, related to the company’s sphere of economic activity, is attached to said report.
- International Administration of the Trademark Portfolio
Due to the growth of exports in Peru, our Intellectual Property Practice Group has established a contact network with different intellectual property agents around the world in order to provide our clients with international advice in this field.
This service is aimed at making it easier for our clients to protect their intellectual property rights in Peru or in the countries where they start commercial activities. In this way, our clients may take their products or services to any country, feeling certain that they will not be exposed to border measures that prevent the entry of their products or services or to accusations for infringing intellectual property rights once they enter said markets.
This service provides detailed information on an agile, consolidated and personal basis, thus overcoming the obstacle of making reliable contacts with experienced people worldwide. It also provides access to multilateral services within a shorter period of time and at a lower cost, which in turn brings about savings in terms of time and resources.
Through this service, our clients’ trademark portfolio is managed and controlled from Peru. Our clients may ask for any intellectual property service, whether it is to be rendered in Peru or in any part of the world.
- Registration and Trademark Use Audits
Registration Audit: Our legal team conducts a preliminary though complete evaluation of the clients’ industrial property rights, supported by automated registration searches and physical reviews of dockets at the Peruvian Trademarks Office. Once this evaluation has been completed, the client receives a report where all issues detected during the investigation are described. The information is then entered onto our systems for control and oversight purposes.
Trademark Use Audit: Those clients that have a broad trademark portfolio and usually advertise their products and/or services through pamphlets, catalogs, magazines, or brochures send said documents to the Firm for us to detect whether the trademarks or commercial slogans publicized therein are duly registered. At the end of the evaluation, the client will receive a report where we will include all those names, graphs and phrases that are not registered, for them to decide whether or not they are interested in starting the necessary registration procedure with the Peruvian Trademarks Office.
- Domain Names
Our Firm provides domain name registration services, whether using country codes (ccTLD) or generic codes (gTLD).
In those cases where domain name management policies (ccTLD and gTLD) authorize the filing of oppositions against registration applications or the start of conflict resolution procedures, our Firm can represent the owners of intellectual property rights that need to file the above procedures against domain name applicants or owners that infringe any of their rights.
- Attache Service
The intellectual property portfolio of each Client is entrusted both to a regular lawyer and to a deputy lawyer. The idea is to have both lawyers become familiar with the client’s trademarks and detect any sign of infringement by third parties.
- "IP IURIS"
"IP IURIS" is a report where the most important Intellectual Property resolutions are briefly explained. This report is issued on a monthly basis and is aimed at keeping our clients abreast of the latest interpretation criteria applied in Peru regarding the issues dealt with therein.
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Winning cases
- Trademark infringement accusation filed with the Judiciary, supported by the possibility of confusing the bottles of both products."KIKKO" vs. "AJINOMOTO".
- Accusation for the infringement of the "HONDA" trademark. Immobilization of "KONDA" motorbikes nationwide. Simultaneous raids in 8 different cities
- Accusation for the infringement of the trademark "PEPSI": Immobilization of 20 thousand PEPSI toys at customs.
- Accusation for the infringement of the "BELIEVE" trademark, owned by EBEL INTERNATIONAL. Immobilization of 32,000 perfumes and shampoos.
- Accusation for the infringement of the "COSTEÑO" trademark. Immobilization of 8,300 tons of rice.
- Recognition of the well-known character of the "FLORIDA" trademark.
- Defense of the cancellation application filed against the trademark "BENSON & HEDGES", owned by Batmark.
- Recovery of the "RAPID" trademark registration.
- Recovery of the "FAEDA" trademark registration.
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PATENTS
Summary
Concerning Patents, the Intellectual Property Practice Group offers a comprehensive range of legal services related to invention patents, utility models, industrial designs and vegetal varieties.
In addition, we offer strategy design services to protect and oversee registration rights.
The quality of our advisory services is guaranteed by our high degree of specialization and the use of technological tools specifically designed to look after the needs of our clients.
Services
- Procedures
Our legal team is highly qualified to plan our clients’ industrial property defense strategies and file and successfully complete all kinds of related procedures with administrative and judicial authorities in the country, including the following:
Right defense procedures:
- Intellectual Property Right infringement accusations.
- Actions seeking the annulment of registrations.
Registration procedures:
- Invention Patents, Utility Models, Industrial Designs, Vegetal Varieties and Protection Certificates.
- Modifying acts: Transfers, Name Changes, Address Changes, Trademark Use Authorizations, etc.
- Foreign Technology Transfer Agreements.
- Advisory Services
Our clients receive advice before, during and after any procedure is carried out, in order to better protect and defend their industrial property rights. This service also includes advice for the preparation and review of patent, industrial design and utility model assignment and/or license agreements.
- Patent Control and Oversight
Our Firm has internally developed specialized software, which we have called "Trademark Control and Oversight System" (SCVM for its acronym in Spanish), which is aimed at keeping a detailed and automated control of our clients’ registered patents, in such a way that we can give notice of the forthcoming expiration of annual rates. This information is submitted to our clients through a report called EXPIRATION OF ANNUAL RATES.
- Monthly Report on Ongoing Procedures
Every month, our clients receive a report on the current status of each and all of their ongoing procedures.
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Winning cases
- Issuance of precautionary and definitive measures in relation to different patent infringement accusation procedures, which resulted in the removal of counterfeit products from the market.
- We managed to have the Intellectual Property Courtroom of the National Institute for the Defense of Free Competition and Intellectual Property (INDECOPI) issue, for the first time, a resolution ordering the adoption of precautionary measures in the second administrative instance, in order to protect the patent rights of a pharmaceutical company.
- Successful defense of the validity of pharmaceutical patents in actions for annulment brought by the competition.
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COPYRIGHTS
Summary
Our Firm provides advice to properly protect all kinds of works, whether literary, musical, software, entertainment, etc. Our advisory services also include the preparation of different types of contracts, licenses, assignment of rights, authorizations, and similar documents.
Services
- Procedures
Our Copyright Practice Group can handle the following copyright-related procedures: search for antecedents and registration of works.
- Advisory Services
Our advisory service includes answering any copyright-related inquiry that our clients may have. We also provide advice on the preparation and/or review of different copyright assignment or license contracts, including the collection of copyright fees by collective management entities.
- Monthly Report on Ongoing Procedures
Every month, our clients receive a report on the current status of each and all of their ongoing procedures.
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ANTI-PIRACY AND ANTI-COUNTERFEITING
Summary
The Intellectual Property Practice Group includes a team of lawyers with broad experience in the fight against piracy and product counterfeiting.
Our legal team is supported by private investigators that provide information about the different clandestine markets and reproduction facilities, including illegal imports and exports.
Services
Our services include the design of a strategy to jointly cope, both on a retail and wholesale basis, with piracy and product counterfeiting in order to discourage these illegal activities.
The actions we may take include the filing of proceedings with police and judicial authorities and the prosecutor’s office or the filing of administrative actions with INDECOPI.
Anti-piracy campaigns can include press coverage, if so required by the client.
Anti-piracy campaigns can also be carried out in customs facilities, clandestine centers, laboratories, warehouses, markets and business premises.
Contact Persons
Winning cases
- Motion Picture Association (MPA): Reduction of audiovisual piracy rates.
- Business Software Alliance (BSA): Reduction of software piracy rates.
- Microsoft Corporation: Seizure of 45,000 counterfeit CD-Rs.
- Mattel: Seizure of 500,000 counterfeit school supplies bearing the Barbie trademark.
- HONDA: Immobilization of "KONDA" motorbikes nationwide. Simultaneous raids in 8 different cities.
- "PEPSICO" Accusation for the infringement of the trademark "PEPSI": Immobilization of 20,000 PEPSI toys at customs.
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SANITARY REGULATION
Summary
The Sanitary Regulation Department forms part of the Intellectual Property Practice Group and offers specialized advisory services on sanitary regulation and the steps required to obtain the sanitary registration of pharmaceutical products, cosmetics, food and beverages, and agrochemical and veterinary products.
To provide the above advisory services, our technical and legal team has broad experience in sanitary registration, providing specialized advice depending on the economic sector involved.
We take care of the whole sanitary registration process, from the preparation of the registration application to the submission of the Directorial Resolution that authorizes the respective sanitary registration. We afford predictability of the terms within which the sanitary registration applied for will be obtained.
Services
- Administration of the sanitary registration portfolio.
A highly specialized team of professionals made up of lawyers, pharmaceutical chemists and technical consultants provide advice on and manage our clients’ sanitary registration portfolios on a comprehensive basis.
Our work team obtains and renews sanitary registrations, obtains authorizations for the commencement of pharmaceutical activities, obtains good storage practice certificates, stock depletion certificates, label and art review certificates, and all acts required to modify any such authorization or certificate.
- Specialized software
Our Firm makes available to its clients specialized software to control and oversee the status of sanitary registrations, renewals, extensions, etc. This software systematizes sanitary registration information and provides updated product reports. All this information is also available on our Firm’s website.
- Test Data Protection
Our Firm has implemented a Test Data Protection strategy that consists of filing and protecting confidential information, as required by domestic industrial property laws.
- "INDEXSALUD"
Our Firm has developed a legal product that specializes in sanitary regulation and contributes to the orderly and systematized handling of health rules and regulations. It is specifically designed for laboratories, drugstores, importers and distributors of food, pharmaceutical, medical, therapeutic, diet, cosmetic, sanitary, and household hygiene products, including medical, surgical or dental inputs, instruments and equipment . This legal product is available on our website http://www.munizlaw.com/indexsalud.asp.
- Labeling
We answer every inquiry related to the labeling of products in general. We also provide advice on the labeling of products governed by their own rules, such as pharmaceutical and related products, cosmetics, food and beverages, the footwear industry, and agrochemical and veterinary products.
We check legal texts and all the information related to the product to be sold.
- Industrial Registration
For national products, we take the necessary steps for the registration of national products on the National Industrial Product Register (RPIN for its acronym in Spanish).
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