What is intellectual property?
Intellectual property protects creations of the mind. It is the legal way of telling the world 'I created this' — and of preventing others from exploiting it without your permission.
What each right protects
Patents
Protect new technical inventions with industrial application. Grant exclusivity for up to 20 years in exchange for publishing your invention.
Distinctive Signs
Trademarks, trade names and slogans. They distinguish your products or services in the market and are registered before INDECOPI for exclusivity. For customs to stop counterfeits, the owner must also enrol with SUNAT (in Spanish).
Copyright
Protects original works: books, software, databases. It arises with creation, but registering before INDECOPI makes it easier to defend your authorship.
Plant Varieties
If you developed a new plant variety, the UPOV system grants you exclusive rights of reproduction and commercialization.
Patents
A patent is a contract with the State: you publish your invention and the State gives you a temporary monopoly to exploit it. Understanding this can transform the value of your research.
What can be patented?
Any technical invention that is new, has an inventive step and is capable of industrial application. Can be products, processes or methods.
The most common mistake
Publishing the invention before filing the patent. Once published it loses novelty and can no longer be patented. Always consult before publishing or presenting at conferences.
PCT Patent
The Patent Cooperation Treaty allows seeking protection in over 150 countries with a single initial filing. The pathway to take a Peruvian invention to the world.
How long does it take?
In Peru the process can take 3 to 5 years. From filing you have provisional protection and can indicate 'Patent Pending'.
Genetic resources
Peru is one of the most biodiverse countries in the world. Its genetic resources have enormous scientific and economic value — but accessing them requires following international rules.
Nagoya Protocol
International agreement that regulates access to genetic resources and ensures that benefits are shared equitably with the countries and communities of origin.
Who authorizes in Peru?
Depends on the resource: Ministry of Production, SERNANP, MINAM or INIA, depending on the type of genetic resource to be researched or used.
Risks of non-compliance
Penalties, loss of rights to research results and barriers to publishing or patenting. Compliance protects both the researcher and the institution.
Foreign researchers
If you want to research using Peruvian genetic resources from abroad, you need an access contract. We can represent you and manage the entire process from Lima.
External resources
Free resources from international and Peruvian organizations to explore more about intellectual property and genetic resources.
OMPI / WIPO
wipo.int
Free courses, Patentscope database and international intellectual property treaties.
INDECOPI
indecopi.gob.pe
Peruvian institution managing patents, trademarks and copyrights. Search Peruvian patents in their database.
Espacenet
worldwide.espacenet.com
Free database from the European Patent Office with millions of documents. Ideal for prior art searches.
CBD / Nagoya
cbd.int/abs
Convention on Biological Diversity. Information on the Nagoya Protocol and the ABSCH system for reporting the use of genetic resources.