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Whether you're protecting your existing rights from a conflicting new design application, or defending your own published design, our team at Brealant guides you through the INDECOPI opposition process from start to finish.
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Legal Definition of Design Opposition
Opposition is the formal process, under Decision 486, that lets a third party challenge a design application after publication but before registration.
Purpose and Function of Opposition
It exists to let earlier rights holders and other affected parties prevent a design that isn't genuinely new, or that conflicts with an earlier right, from reaching the register.
Protecting Your Position
Whether opposing or defending, a carefully built case — backed by prior art or other supporting evidence — is essential to a successful outcome before INDECOPI.
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Contact
Reach out to Brealant to discuss the published design you want to oppose, or the opposition you need to defend.
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Search
We review the conflicting application, or your own application, and the surrounding evidence.
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Quote
Receive a staged service quote covering each phase of the opposition process.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant files the opposition, supporting arguments, or evidence, as relevant.
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Wait
We await INDECOPI's process through the response and decision stages; timing varies by case.
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Response
You receive the outcome — INDECOPI's decision on registration, or a negotiated resolution.
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In Peru, design opposition follows a defined sequence: the application is published in El Peruano, opening a 30-business-day window to file an opposition, followed by the applicant's response and INDECOPI's decision, with an appeal available to the Tribunal de Propiedad Intelectual. Knowing exactly where a case sits in that sequence is the clearest way to plan next steps.
Opposition is a serious step with real cost implications, so it's worth a clear-eyed assessment of the conflicting design, the strength of your rights, and the commercial risk of letting it proceed unopposed. Brealant assesses the merits with you before recommending action.
Opposition is powerful, but it has real limits
Missed Deadlines
An opposition must be filed within 30 business days of publication in El Peruano — miss it, and the right is generally lost.
No Retrospective Effect
Opposition can't undo a design that has already registered; a nullity action would be needed instead.
Cost and Time
A fully contested opposition, including any appeal, can run several months to a year or longer and involve significant professional costs.
Burden of Proof
The opponent must prove its grounds — an opposition without solid evidence is unlikely to succeed.
Partial Outcomes
Depending on the grounds raised, an opposition's success may affect only part of the application.
Brealant gives you a realistic view of the likely outcome, timeline, and cost before you proceed.
A well-run opposition protects a range of commercial and legal interests
Your Existing Design
Preventing a design that isn't genuinely new, or that conflicts with your earlier rights, from registering.
Market Position
Stopping a competitor from gaining registered rights that could restrict your own product design in Peru.
Freedom to Operate
Keeping the field clear for products whose appearance you've already invested in developing.
Register Integrity
Ensuring only designs that genuinely meet Decision 486's requirements proceed to registration.
Brealant helps you weigh these interests against the cost and time of a contested opposition before you commit.
Opposition follows a defined, multi-stage process
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Publication
The application is published in the Official Gazette El Peruano, opening the opposition window.
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Notice of Opposition
Filed within 30 business days of publication, setting out the legal grounds relied on.
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Applicant's Response
The applicant is given the opportunity to respond to the opposition.
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Decision and Appeal
INDECOPI's Dirección de Invenciones y Nuevas Tecnologías decides, with an appeal available to the Tribunal de Propiedad Intelectual.
An uncontested or straightforward opposition can resolve within several months; a matter that proceeds to appeal commonly runs a year or longer.
Costs scale with how far the matter proceeds
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INDECOPI charges an official fee, in Peruvian soles (S/), to file a Notice of Opposition.
Professional fees depend heavily on whether the matter proceeds to a full evidence exchange, appeal, or resolves earlier.
Brealant gives you a realistic view of the likely outcome, timeline, and cost before you proceed.
Brealant manages your opposition matter end to end, keeping you informed at each stage and revisiting strategy as the evidence develops, so you can make informed decisions about whether to continue, negotiate, or settle.
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Any person or business with a legitimate interest can file an opposition, though it is most often brought by the owner of an earlier conflicting design or product.
A Notice of Opposition must be filed within 30 business days of the application's publication in El Peruano.
Extensions are limited and must be requested from INDECOPI before the deadline expires; Brealant confirms the exact position for your case.
If the opposition succeeds, the application is refused and does not proceed to registration.
Yes, many oppositions resolve through negotiation — such as a design modification or coexistence understanding — before INDECOPI issues a decision.
Common grounds include lack of novelty or individual character, conflict with an earlier design right, or bad-faith filing, assessed under Decisión 486.
Evidence of the earlier design (registration, catalog, or publication showing the prior disclosure date) and a visual comparison demonstrating the lack of novelty or individual character.
Yes, the applicant is notified and has a statutory period to submit arguments and evidence defending the application before INDECOPI decides.
The application proceeds toward registration, but you can generally appeal INDECOPI's decision to its Intellectual Property Tribunal within the statutory term.
Yes, the parties can reach a settlement, such as the applicant amending or withdrawing the contested design, which ends the proceeding without a full decision.
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