Once an applicant files a patent application, it will go through a formal examination process wherein the Peruvian Patent Office will evaluate the formal requirements. After that, the application will be published so that third parties may present an opposition. This article is part of a series answering FAQs about patents in Peru and, in particular, focuses on the patent application stage.
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Pursuant to Andean Court Decision 486, it is possible to cancel a trademark registration where it can be proved that the owner, licensee or other authorised party has not used the trademark in any of the member countries of the Andean Community, including Peru, for three consecutive years. Such period must start at least three years from the registration date.
In such cases, the National Institute for the Defence of Competition and Protection of Intellectual Property will alter the list of the affected party s products and services in the Peruvian trademark registry accordingly. The trademark registry aims to accurately reflect the actual use of brands in the market.
Introduction
Pharmaceutical trademarks often comprise a combination of elements (eg, prefixes, suffixes or commonly used words) that evoke the product s:
properties;
therapeutic function.
They may also refer to a component of the medicine or the organ for which they are prescribed.
Terms are considered commonly used if they:
form part of several trademarks; or
evoke the product or any of its features.
Any party may include commonly used terms in a trademark, provided that it cannot be confused with a mark owned by another party.
For example, corti is a prefix commonly used in Class 5 trademarks. It evokes the active substance corticosteroid or the hormone cortisone. The prefix corti exists in numerous registered trademarks owned by different owners (eg, CORTIFLEX, CORTIDERM 10, CORTIMED, CORTICREM and CORTIFENOL).(1)