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If a competitor is making, selling, or importing a product that copies the registered appearance of yours, our team at Brealant helps you assess the infringement, build your evidence, and pursue the right enforcement strategy before INDECOPI.
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Legal Definition of Design Infringement
Infringement, under Decision 486, occurs when a party makes, sells, imports, or otherwise commercially exploits a product incorporating a design identical or insufficiently different from your registered design, without authorisation.
Purpose and Function of Enforcement
Enforcement action protects the exclusive rights granted by the registration and is generally pursued as an administrative infringement action before INDECOPI, which can result in injunctions, damages, and precautionary measures.
Protecting Your Market Position
A rigorous, side-by-side comparison of the overall visual impression upfront puts you in the strongest position, whether negotiating, filing an INDECOPI complaint, or seeking precautionary measures.
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Contact
Reach out to Brealant with details of the suspected infringing product.
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Search
We compare the alleged infringing product against your registered design's overall visual impression.
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Quote
Receive a service quote for the assessment and next steps.
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Pay
Proceed with secure payment for the selected services.
File
We help gather evidence and prepare the appropriate enforcement step — cease and desist, an INDECOPI infringement complaint, or precautionary measures.
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Wait
We coordinate the chosen enforcement step before INDECOPI's Comisión de Invenciones y Nuevas Tecnologías.
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Response
We work toward a resolution — settlement, licence, injunction, or damages.
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In Peru, design infringement analysis requires comparing the overall visual impression of your registered design against the alleged infringing product, as an informed user would perceive it. Establishing this picture clearly is the foundation for every option that follows, from correspondence to a formal INDECOPI infringement complaint.
The longer a copy stays on the market, the more it can erode your product's distinctiveness and sales. Brealant's careful comparison upfront avoids weak claims and puts you in the strongest position, whether negotiating or heading to INDECOPI.
Enforcement is a serious step, with real limits to understand
No Guaranteed Outcome
Administrative and any follow-on judicial outcomes are never certain, even with a strong comparison.
Time and Cost
Contested proceedings can take well over a year and involve significant cost.
Validity Can Be Challenged
An infringement claim often invites a nullity challenge to the design itself.
Scope Limits
Enforcement can only be based on what's actually shown in the registered representations, not the product generally.
Fixed Term
Enforcement rights only run for the design's fixed 10-year term — there's no renewal to extend them further.
Brealant gives you a candid assessment of risk, cost, and likely timeline before you commit to action.
Pursuing an infringement matter protects
Your Exclusive Rights
Your legal entitlement to control the appearance of your registered design for its 10-year term.
Your Market Position
Preventing customer confusion and lost sales caused by a copycat product.
Your Product Reputation
Stopping copies that could be lower-quality or otherwise damaging to your brand.
Your Investment
The design, development, and filing costs invested in securing the registration.
Brealant helps you assess the strength of your case before recommending an enforcement path.
Timelines vary significantly by approach
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Assessment
We compare the alleged infringing product against your registered design.
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Correspondence
A cease and desist approach can resolve a matter within weeks to months.
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Negotiation
Many matters resolve through negotiation or licensing before reaching formal proceedings.
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INDECOPI Complaint or Litigation (If Needed)
A contested administrative complaint before INDECOPI, potentially followed by judicial review, is far more involved and can take well over a year.
Timelines depend heavily on whether the matter resolves through correspondence, negotiation, or contested proceedings.
Costs vary significantly with the approach taken
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Typically a fixed or capped professional fee for assessment and initial correspondence.
Vary significantly with complexity — Brealant provides guidance on likely costs and options before you commit.
Brealant gives you a candid assessment of risk, cost, and likely timeline before you commit to action.
Brealant coordinates with litigation counsel where judicial proceedings are needed, while managing the design-specific strategy throughout, so your case stays grounded in the visual comparison from first assessment to resolution.
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Start by documenting the suspected infringing product and speak with a design attorney before contacting the other party — an early legal assessment shapes your options.
Remedies can include injunctions, damages, and precautionary measures, pursued through an administrative complaint before INDECOPI, with judicial review available thereafter.
No — many are resolved through cease and desist correspondence, negotiation, or licensing before reaching a formal INDECOPI complaint.
Brealant coordinates with litigation counsel for judicial proceedings while managing the design-specific strategy throughout.
Yes, an infringement claim often invites a nullity challenge, so Brealant assesses this risk as part of the initial strategy.
It can be both — INDECOPI handles administrative infringement actions and can order remedies, while a separate civil claim for damages can also be pursued before the courts.
Yes, recording your registered design with Peru's customs authority can support border measures to intercept infringing shipments before they reach the market.
An administrative infringement action before INDECOPI commonly takes a year or more depending on complexity and whether validity is also challenged; we give a realistic estimate once we review the case.
Yes, INDECOPI and the courts can grant precautionary measures such as a preliminary injunction where urgency and a strong likelihood of success are shown.
Available remedies include lost profits, the infringer's unjust enrichment, and in some cases a reasonable royalty, calculated according to the evidence presented.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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