mARCH 2012 84 Legal Focus PeruPiracy
Piracy is a major issue with far-reaching and drastic effects on the success and growth of a business. For over a decade, major media and technology companies have been struggling with global piracy, facilitated by high speed internet making illegal content accessible anywhere in the world. To find out about the issues piracy raises, Lawyer Monthly speaks to Piero Calderón Oliva, senior associate at Peruvian law firm, Muñiz, Ramirez, Perez Taiman & Olaya. Here, he discusses with us the trends in piracy in Peru currently and how piracy can be tackled.
Since 1996 my practice has focused on Intellectual Property, with emphasis on intellectual property policy, compliance, and enforcement. My broad-ranging experience encompasses patent, copyright, and trademark matters; as well as anti-piracy and anti-counterfeiting.
Q My role as head of the Anti-piracy
Department within the Intellectual Property area is to lead the team in the anti-piracy strategies, raids and anti- counterfeiting matters we carry out on behalf of our clients. My IP enforcement expertise encompasses on-the-ground civil, administrative and criminal actions. Our main clients span a broad range of industry sectors, including IT (software), pharmaceutical, entertainment and media, among others.
Our Firm is the largest law firm in Peru,
with more than 250 lawyers who assist in all legal sectors. It runs offices in the eight most important cities in Peru, with two offices in Ecuador, located in Quito and Guayaquil.
Please introduce yourself, your role and your firm.
Q
Piracy is a growing problem; how do you think it can be tackled?
Piracy should be attacked with two kinds of campaigns; one educational or preventive, which involves the government and the right holders and should consist of generating awareness among citizens regarding the advantages for the country and the citizens themselves by fighting piracy. These advantages mean a higher collection of taxes for the government (thus generating welfare on citizens by the investment made by the government with said taxes), having a competitive market and particularly a loyal and safe competition.
However, this campaign should include
a solid enforcement not only for seizing the products but to concluding with effective incarceration for the authors of piracy criminal activities, decisions that may be an example for the others regarding the enforcement of the Law and the fact that piracy as an illicit activity has consequences. However, in my country there are not yet effective decisions
(implying incarceration of the authors of piracy criminal activities), but most pirates have been condemned with restricted criminal sanctions.
Q
Can you give me an overview of current legislation and developments within the piracy environment in your jurisdiction?
Peru has an adequate legislation in the matter, following the standards of international agreements as TRIPS. The country has law and proceedings for fast and effective protection of IP rights. The right holders may act through administrative and criminal jurisdictions, asking for effective measures (injunctions) for the seizing of products. The Peruvian Criminal Code punishes IP crimes with drastic penalties (eight years of incarceration) and the administrative authority (INDECOPI) has empowerment to perform raids and seizure; likewise, it can order penalties up to US$ 240,000
Besides, border measures legislation
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