mARCH 2012 www.lawyer-monthly.com Legal Focus

Our Firm is the largest law firm in Peru, with more than 250 lawyers who assist in all legal sectors.

Piero Calderón Oliva

have recently been passed, which allow the seizure of pirated products directly on the goods which are intended to be imported.

In Peru there is no sophistication in piracy, mostly piracy has been developing in the same classic way as it has been for years, this is thousands of illegal copies of music, software and media in CD-R that are not designed to be identified as originals by buyers. Black markets offer these kinds of products to the public openly.

Q Q The novelty in recent years is chip

cloning which allows unlocking security codes in videogames, thus entertainment consoles may play all original games in a pirated copy.

what legal advice can you offer companies who are fighting to protect their intellectual property rights against

facilitators,

manufacturers and importers of counterfeit goods?

One simple legal recommendation in order to fight importers of counterfeit goods is that companies register their trademarks and copyrights before Customs Office. With said records, Customs watchers may directly alert them or their representatives regarding suspicious imports. Then, through border measures products may be immobilized and seized.

what are the current trends in piracy?

No, our IP legislation is coherent with Un- fair Competition and Market Access law. Any company in our country may enjoy free competition in the market and in equal con- ditions.

Q Q

It should be taken into account that although piracy levels in Peru are a serious

Q

what issues should foreigners be aware of in terms of piracy when looking to invest/start a business in your country?

Investors should realize that in our country, IP legislation protects effectively and equally all IP right holders, local or foreign. There are administrative authorities (INDECOPI) and criminal ones (IP Special Prosecutor) that will protect its rights against any piracy act. However, there are high levels of piracy in some particular industries such as music, movies, software and books. When investing they should know they will “compete” with the black market, thus they should invest or begin a business thinking in the strategy to lessen levels of piracy in their sector for a successful business.

Is there anything else you would like to add?

Do you feel that specific aspects of IP law prevent business and economical progress

due to

monopolisation by certain companies?

problem, they should also be considered as an opportunity since they show a growing unsatisfied demand of legal products, so with adequate strategies, holders of these rights may lessen piracy levels and each percentage point reduced would be a point won for their market. The challenge is remarkable for right holders, government and lawyers involved in this problem. LM

Contact: 85

PIERO CALDERON OLIVA Senior Associate

Muñiz, Ramirez, Perez Taiman & Olaya Firm

Las Begonias 475, 6to Piso, San Isidro, Lima- Peru

Telephone: (51-1) 6117000 Anx: 5136

Email: pcalderon@munizlaw.com