PERU Law and Practice Contributed by: Alvaro Echeandía, Alfred Kossuth Wieland, Pilar Santillán Meza and Rodrigo Varillas Cueto, Thorne, Echeandia & Lema Abogados
Vertical collusive practices, according to Article 12, entail agreements among entities at differ - ent levels of the supply chain that restrain com - petition. For these practices to be considered unlawful, it is necessary that at least one of the parties holds a dominant position in the market. Such practices constitute relative prohibitions. Such norm outlines procedures for investigating, determining and sanctioning these practices, empowering INDECOPI to conduct inspections, gather evidence and issue interim measures. Penalties may include fines, changes in busi - ness practices and publication of resolutions. For these practices to be considered unlawful, it is necessary that at least one of the parties holds a dominant position in the market. Such practices constitute relative prohibitions. 6.4 Abuse of Dominant Position Article 10 of the Consolidated Text of the Law on the Repression of Anti-Competitive Con - duct, approved by Supreme Decree No 111- 2024-PCM, establishes the prohibition of abuse of dominant position, describing specific exclusionary conduct such as refusal to satis - fy demands and applying unequal conditions, among others. Additionally, it explains that these rules can be applied when abuse occurs within Peruvian territory or when its effects manifest in the Peruvian market, ensuring effective regula - tion of economic competition.
local application to Decision 486. The require - ment of novelty of the invention is of worldwide scope, so that the disclosure of the invention prior to the filing of the application in Peru breaks the novelty requirement (except for the excep - tions to the disclosure expressly included in Arti - cle 17, Decision 486). Patents will be granted for inventions, whether products or process, in all fields of technology, provided that they are new, have an inventive level and are susceptible of industrial appli - cation. Uses are not protectable via patent of invention. Patent applications are filed before the INDECO - PI (DIN) and may claim priority from the Paris Convention or from a member country of the CAN or may be filed before the DIN as an inter - national receiving office or as a national phase entry under the PCT. The applicant must file the application together with the technical documents (report, abstract, claims, drawings, if applicable); copy of the pow - er of attorney (which does not require any cer - tification, or original, scanned copy will suffice); invention assignment agreement in case the inventor is a person other than the applicant (it must be executed with signatures and represen - tation duly certified by public notary and certified by apostille or Peruvian Consulate, a scanned copy of the original assignment agreement will suffice); certified copy of the application whose priority is claimed (apart from the patent office certification, no other certification is required); and payment of the official fees. In the case of PCT national phase entry, a Spanish translation of the technical documents must also be sub - mitted, as well as the request and the invention assignment agreement in case the Patenscope
7. Intellectual Property 7.1 Patents
The protection of inventions in Peru (either through a patent or a utility model) is regulated by Decision 486, Common Regime on Industrial Property and by Legislative Decree No 1075, which contains complementary provisions of
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