PERU Law and Practice Contributed by: Alvaro Echeandía, Alfred Kossuth Wieland, Pilar Santillán Meza and Rodrigo Varillas Cueto, Thorne, Echeandia & Lema Abogados
the DDA is merely declaratory of rights. The validity of the copyright registration is presumed as long as it is not expressly declared null and void. Any reproduction, communication, distri - bution, or any other form of exploitation of the work, in whole or in part, that is made without the prior written consent of the copyright owner is presumed to be unlawful. Applications for registration of copyrightable works are filed before the Copyright Directorate of INDECOPI (DDA). The applicant must submit the application; the support of the work; a copy of the power of attorney (which does not require any certification, or original); the economic rights assignment agreement in case the applicant is a person other than the author; and proof of pay - ment of the official fees. The term for the DDA to issue a resolution and the author’s certificate may be one to two months, provided that all the required documents have been submitted. Copyright infringement actions are administra - tive proceedings before the DDA of INDECOPI which may entail the granting of precautionary measures of 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. 7.5 Others Article 4 of Decision 351, Common Regime on Copyright and Related Rights, states that com -
puter programs and databases are considered works, and Article 23 states that computer pro - grams are protected on the same terms as liter - ary works, while Article 28 states that databases are only protected to the extent that the selec - tion or arrangement of materials constitutes an intellectual creation. Furthermore, according to Article 5 of Legislative Decree 822, Law on Cop - yright, software is considered a work. As such, it is protected by copyright regulations and must be registered with the Copyright Directorate of INDECOPI. For more information on the process to follow, please refer to 7.2 Trade Marks . Article 260 of Decision 486, Common Provisions on Industrial Property, states that the protection of trade secrets shall be given whenever it con - cerns undisclosed information, which may be used in any productive, industrial or commer - cial activity, and which is susceptible of being transmitted to a third party, provided that it is secret, has a commercial value because it is secret, and has been the subject of reasonable measures taken by its legitimate holder to keep it secret. In turn, Legislative Decree No 1075, which contains complementary provisions of local application to Decision 486, recognises in Article 3 that trade secrets constitute a constitu - ent element of industrial property. The protection of a trade secret entails that its holder shall be protected against disclosure, acquisition or use of such secret in a manner contrary to fair trade practices by third parties. The protection of trade secrets lasts as long as the conditions laid down in Article 260 above exist.
8. Data Protection 8.1 Applicable Regulations
The Political Constitution of Peru establishes that individuals have the fundamental right that
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