Yes – the main IP protection treaties to which Peru is a party are:
the General Inter-American Convention for Trademark and Commercial Protection (the Washington Convention);
the Paris Convention for the Protection of Industrial Property;
the Patent Cooperation Treaty; and
the Berne Convention for the Protection of Literary and Artistic Works.
Trends
What do you consider to be the most significant IP developments to have taken place in your jurisdiction in recent years?
The most significant development has been the cancellation of the official fees for the filing of collective trademarks.
What are the major IP developments currently unfolding in your jurisdiction?
Introduction
The Turkish Grand National Assembly has promulgated the Act on the Prevention of the Financing of Propagation of Weapons of Mass Destruction (7262), published in the
Official Gazette (31351) on 31 December 2020, which foresees material amendments to the Commercial Code s provisions regarding bearer share certificates. Although these amendments may seem misplaced, they are the result of long deliberation and deep international cooperation. The act aims to implement the United Nations Security Council s measures on this matter.
Key points
The amendments include the following.
The Ministry of Trade may oblige that the share ledger, the board of directors resolution book and the book of the general assembly meeting and discussion be kept electronically – without prejudice to the Capital Markets Law (6362).
What statutes, regulations or case law govern IP rights in your jurisdiction?
IP rights are governed by the Federal Constitution, the IP Law and the Copyright Law, as well as various international agreements (see below).
Are there restrictions on how IP rights may be enforced, licensed or otherwise transferred?
There are restrictions on the recordal of licence agreements when royalties are paid to other countries.
Which authorities are responsible for granting, administering and enforcing IP rights in your jurisdiction?
The Brazilian Trademark and Patent Office (BTPO) and the Brazilian Copyright Office are responsible for granting IP rights. The state courts are responsible for enforcing IP rights.
On January 13, 2021, the US District Court for the Northern District of Texas ruled in favor of Exxon Mobil Corporation ( Exxon ) in its battle against the government over tax penalties. Exxon filed amended returns for its 2006-2009 tax years seeking a $1.35 billion tax refund based upon a change of character of certain transactions (from mineral leases to purchase transactions). The government disallowed the refund claims and imposed a $200 million penalty pursuant to Internal Revenue Code (IRC) section 6676. Exxon paid the penalty and filed suit for a refund.
We have written extensively concerning IRC section 6676, warning taxpayers of this potential landmine.
See, e.g.,
Introduction
Companies which have paid Section 301 duties on products from China that are included on Lists 3 or 4(a) may still have an opportunity to file a suit to potentially recover the duties paid.
On 5 February 2021 the US Court of International Trade (CIT) took long-awaited action on the nearly 4,000 cases filed since September 2020 to challenge the Section 301 duties imposed on goods from China (Lists 3 and 4a include products such as fashion products, automotive parts, consumer goods, food products, jewellery, steel and iron).
Chief Judge Timothy C Stanceu issued an order assigning the cases to a three-judge panel composed of Judge Mark A Barnett, Judge Claire R Kelly and Judge Jennifer Choe-Groves. The chief judge has the discretion to assign a three-judge panel on request when a case: