Approving Regulations On Legislative Decree Nº 1075 About Distinctive Signs In Peru

On May 29, 2017, it was published at the Official Peruvian Gazette the Supreme Decree N° 059-2017-PCM approving Regulations on Legislative Decree N° 1075, which governs complementary dispositions of Decision 486.

The Regulations, comprised of 19 articles, cover issues such as the filing of POA, the assignment of the filing date of trademark application, the qualification of administrative sanctioning procedures, the withdrawals of procedures or legal claims, among others.

Previously, a party having filed a POA before the Trademark Office (TO) could indicate during a new proceeding that he had already filed such a document before the TO.  This way, the party was not obliged to file the POA in the new proceeding.  Presently, besides this possibility, the party is not obliged to file the POA if he informs the TO that the POA is recorded at the Public Registry, as provided by article 2° of Regulations.