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Whether a competitor's registered design was wrongly granted or is standing in the way of your own product launch, our team at Brealant pursues invalidity (nullity) actions before INDECOPI — or defends your registration if someone challenges yours.
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Legal Definition of Design Invalidity
Under Decision 486, a nullity action seeks to remove a registered design that was wrongly granted — for example, one that wasn't genuinely new, fell within an excluded category, or was registered in bad faith.
Purpose and Function of Invalidity
The action corrects designs that should never have been registered, restoring the register's accuracy and clearing the way for legitimate competitors.
Protecting Your Interests
Whether removing a blocking registration or defending your own, evidence of the design's true novelty, or the circumstances of the original filing, is central to the outcome.
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Contact
Reach out to Brealant about the blocking registration, or the challenge to your own design.
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Search
We review the target registration's filing history, prior art, and eligibility for a nullity action.
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Quote
Receive a staged service quote covering each phase of the action.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant lodges the nullity request, or the response, with INDECOPI.
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Wait
INDECOPI notifies the parties and manages the evidence process, if contested.
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Response
You receive INDECOPI's decision on whether the design is declared invalid.
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In Peru, a nullity action begins with filing a claim setting out the legal defect in the original registration — most often a lack of genuine novelty, an excluded feature, or bad faith. INDECOPI notifies the owner, who can respond and defend the registration, before a decision is made.
A registered design that was never validly granted can prevent you from launching, or fully protecting, your own product. Brealant assesses the target registration's history carefully before recommending action, so you understand the real prospects of success.
A nullity action is powerful, but it has real limits
Time Limits Apply
A nullity action based on relative grounds generally must be filed within a set period from registration; absolute-grounds and bad-faith claims are not subject to the same limit.
Burden of Proof
The party seeking invalidity must prove the grounds relied on — a claim without solid evidence is unlikely to succeed.
Owner Can Respond
The design owner is given an opportunity to respond and defend the registration before any decision is made.
Time and Cost
A contested action, particularly with an appeal, can take 12 months or longer and involve real professional costs.
Partial Outcomes
Depending on the grounds raised, a design may be declared invalid only in part.
Brealant gives you a realistic view of the likely timeline, cost, and prospects before you proceed.
A successful nullity action protects
Your Freedom to Operate
Removing a blocking registration that isn't genuinely new or was never validly granted.
Market Fairness
Ensuring only designs that genuinely meet Decision 486's requirements remain registered.
Register Accuracy
Keeping the INDECOPI register reflective of designs that are genuinely novel and properly granted.
Your Commercial Plans
Clearing the way for product launches that could otherwise be blocked by an invalid registration.
Brealant assesses the strength of the grounds before recommending whether to proceed.
Timing depends on whether the action is contested
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Filing the Action
The nullity request is lodged with INDECOPI's Comisión de Invenciones y Nuevas Tecnologías.
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Notice to the Owner
INDECOPI notifies the registered owner, who can respond and submit evidence defending the registration.
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Evidence Exchange
If contested, both sides file evidence and arguments.
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Decision and Appeal
INDECOPI decides whether the design is declared invalid, with an appeal available to the Tribunal de Propiedad Intelectual.
An uncontested action can resolve in a few months; a contested matter with appeal more commonly takes 12 months or longer.
Costs scale with whether the action is contested
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INDECOPI charges an official fee, in Peruvian soles (S/), to file a nullity request.
Professional fees scale with whether the action is contested, whether it proceeds to appeal, and how much evidence is required.
Brealant gives you a realistic view of the likely timeline, cost, and prospects before you proceed.
Once a blocking design is removed, Brealant can move straight into clearing and filing your own application, so the opportunity created by the action isn't lost to a competing filer.
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Opposition challenges an application before it registers; invalidity (nullity) challenges a design that has already been registered.
Relative-grounds nullity actions generally must be filed within a set period from registration; absolute-grounds and bad-faith claims can generally be brought at any time.
The party bringing the nullity action carries the burden of proving the grounds relied on.
Yes, the owner can respond and present evidence defending the registration before INDECOPI decides.
Not quite — Peruvian designs aren't subject to a use requirement, so invalidity actions rely on grounds like lack of novelty or an excluded feature, rather than non-use.
Generally there's little practical purpose once the term has lapsed and the design has entered the public domain, though a pending dispute over past infringement could still make it relevant.
Evidence of prior art predating the filing or priority date — such as an earlier design, publication, or product — showing the registered design lacked novelty or individual character.
Yes, where a registration covers multiple embodiments, invalidity can be sought against specific embodiments while leaving the others intact.
Yes, INDECOPI charges an official fee to initiate an invalidity action, which we include in your quote before filing.
Yes, either party can appeal to INDECOPI's Intellectual Property Tribunal, and judicial review before the courts remains available after that.
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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