One of the governing principles of the Peruvian jurisdictional
system, maybe one of the most important, is the "principle of
plurality of instances", established in Article 139, numeral 2
of the Constitution of the Republic of Peru.
Said general principle, applicable both in judicial and
administrative proceedings, guarantees that a judicial or
administrative decision can be revised by the hierarchical
superior.
With regard to intellectual property, the plurality of instances
in administrative proceedings is recognized in the Law on
Organization and Functions of INDECOPI and its respective
regulations. In accordance with both rules, the Intellectual
Property Offices (and the Commissions that make them up) are
responsible for deciding in first instance the proceedings in
matters within their respective competence, the Intellectual
Property Division of the Administrative Court being responsible for
deciding in appeal and last administrative instance said
proceedings.
