PERU Law and Practice Contributed by: Alvaro Echeandía, Alfred Kossuth Wieland, Pilar Santillán Meza and Rodrigo Varillas Cueto, Thorne, Echeandia & Lema Abogados
Actions for infringement of industrial property rights are administrative proceedings before the INDECOPI, which may lead to the granting of injunctions for cessation of use, confiscation or immobilisation. The process is followed in dou - ble administrative instance with the Intellectual Property Chamber of the Court of INDECOPI (SPI) acting as the second and last administra - tive instance. Within three months following its notification, the final decisions of the SPI may be challenged before the Administrative Court of the Judicial Power (PJ) via a contentious-admin - istrative lawsuit (DCA). The filing of a DCA before the PJ does not suspend the effects of the chal - lenged SPI decision, unless the PJ issues a non- innovative injunction. 7.4 Copyright The protection of copyrights in Peru is regu - lated by Decision 351, Common Regime on Copyrights and Related Rights and by Legisla - tive Decree 822, Law on Copyrights. The latter adapts the local legislation not only to Decision 351 but also adapts it to several international conventions to which Peru is a party (Berne Convention for the Protection of Literary and Artistic Works; Rome Convention for the Pro - tection of Performers, Producers of Phonograms and Broadcasting Organizations; WTO Treaty – Annex 1C TRIPS). Among others, all works of genius, in the liter - ary or artistic field, whatever their genre, form of expression, merit or purpose, are protected by copyright law, namely: literary works; musi - cal compositions; dramatic, dramatic-musical, choreographic, pantomimic and scenic works in general; audiovisual works; works of plastic arts; works of architecture; photographic works; illustrations, maps, sketches, plans; slogans and phrases insofar as they have a form of literary or artistic expression, with characteristics of
originality; computer programs; or any other pro - duction of the intellect in the literary or artistic domain, which has characteristics of originality and is susceptible of being disclosed or repro - duced by any means or process, known or to be known. Rights related to copyright (the rights of artists, performers, phonogram producers, and broadcasting organisations, etc) are also pro - tected under copyright law. Only a natural person (who is the natural or phys - ical person who creates the work) can be con - sidered the author, so that the moral rights are only recognised in favour of that person, being the following: right to disclosure; to paternity; to integrity; to modification or variation; to with - drawal of the work from commerce; to the right of access. On the other hand, the economic rights may be assigned by the author in favour of a legal person who may act as applicant and be declared the owner of such rights. The economic rights are the following: reproduction of the work by any form or process; communication to the public of the work by any means; distribution to the public of the work; translation, adaptation, arrangement or other transformation of the work; importation into the national territory of copies of the work made without authorisation of the owner of the right by any means, including by transmission; any other form of use of the work. The protection of economic rights is for a term that includes the whole life of the author and 70 years after their death, after which it falls into the public domain. The exhaustion of the author’s economic rights is territorial. It is not compulsory to register the copyright of a work before the Copyright Office of INDECOPI (DDA), since the original work acquires immedi - ate and automatic protection by the mere fact of its creation. The registration of the work before
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