Supreme Decree Nº 071-2017-PCM, in force since June 30, 2017, approved the dispositions for the implementation of the Peruvian Electronic Gazette
According to article 2° of such dispositions, the Peruvian Electronic Gazette is the medium of publication of trademark applications and the applications related to other elements of Industrial Property comprised in Andean regulations.
As per section 2) of article 3° of dispositions, the Trademark Office (TO) and the Patent Office (PO) are responsible of the publication content of trademark applications and the applications related to other elements of Industrial Property.
Furthermore, article 4° establishes that the publication in the Electronic Gazette shall contain the serial application number and, where appropriate, the filing date, the applicant's name and the country of incorporation, as well as the complete data of the claimed priority or the pertinent information if a preferential right is exercised.
In case of the applications filed before the PO, the publication shall also include the title of the invention or industrial design, the corresponding international classification, and the excerpt of the invention or industrial design.
Regarding the applications filed before the TO, the publication shall also encompass the description and depiction of the sign or its graphic representation, the specification of goods and services or the economic activities of the trade name, the international classes involved, among others.
It is important to mention that the publication will appear on a daily basis and the applicants are responsible of monitoring the content of the Electronic Gazette in the web page of the competent authority, INDECOPI. Pursuant to article 6° of dispositions, the presumption is that every person knows the content of the publications.
Moreover, if the applicant detects a material error in the content of the electronic publication, an amendment shall be requested before INDECOPI within the term to file opposition, i. e., 30 working days. However, the rectification does not override the previous publication.
Additionally, the publication notices issued before the entrance into effect of the dispositions may appear at the Official Gazette or the Electronic Gazette of INDECOPI. In case the applicant chooses the electronic publication, a request must be filed at the TO or the PO not less than 5 working days in advance of the deadline to publish.
Finally, INDECOPI may issue specific outlines for better implementation of dispositions.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
