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Discuss your product and its design features with Brealant.
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We run a design search to confirm novelty before filing.
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Receive a service quote based on the number of designs and product complexity.
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Proceed with secure payment for the selected services.
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We prepare compliant representations and file the application with INDECOPI.
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INDECOPI examines the application and publishes it, opening the opposition window.
Response
You receive confirmation once the design registers, provided no opposition succeeds.
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In Peru, a registrable industrial design must be new, and is protected through representations — drawings or photographs — filed with the application. INDECOPI checks the application, publishes it for potential opposition, and grants registration once that process concludes without a successful challenge.
A registered design gives you documented, dated proof of ownership over your product's appearance and the ability to stop competitors from copying it, for a full 10 years from filing. Brealant manages the application so this protection is secured correctly from the outset.
Certain elements cannot be protected through design registration, including
Function Alone
Appearance dictated solely by the product's technical function, without an arbitrary aesthetic choice, generally isn't protectable as a design.
Non-Novel Designs
Designs identical or insufficiently different from something already publicly disclosed before filing.
Your Own Prior Disclosure
Designs you've already sold or shown publicly before filing, subject to a limited grace period.
Contrary to Public Order or Morality
Designs whose appearance offends public order or accepted principles of morality.
Underlying Methods or Ideas
The underlying method, idea, or function, as opposed to its specific visual expression.
Brealant reviews your product's design against these exclusions before filing, so there are no surprises during examination.
A registered design in Peru protects various visual elements of a product. The protection extends to
Lines and Contours
The outline and silhouette that give the product its distinctive look.
Form and Configuration
The three-dimensional shape of the product.
Texture and Materials
The tactile and material qualities that contribute to the product's visual appearance.
Ornamentation
Decorative features and finishes applied to the product's appearance.
By partnering with design experts in Peru, you can ensure your product's appearance is properly documented and protected from copying.
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The registration process typically involves
Formalities Examination
Once filed, INDECOPI's DIN checks the application meets formal requirements, generally within the first weeks.
Publication & Opposition
If in order, the application is published in the Official Gazette El Peruano, opening a 30-business-day opposition window.
Registrability Examination
If unopposed, or once any opposition is resolved, INDECOPI examines the design against Decision 486's requirements.
Registration
If accepted, INDECOPI grants a 10-year registration and issues the certificate.
Absent objections or opposition, design registration in Peru commonly takes around 6 to 10 months from filing; contested matters take considerably longer.
The cost of design registration depends on the number of designs filed
INDECOPI charges an official filing fee per design, in Peruvian soles (S/), payable at the time of application.
Brealant's professional fee covers preparing representations and filing, quoted upfront based on the number of designs.
Brealant reviews your product's design against these exclusions before filing, so there are no surprises during examination.
A single 10-year term from the filing date. Unlike many other countries, Peruvian industrial design registrations cannot be renewed beyond this term.
INDECOPI's DIN reviews the application for formal compliance and grounds for refusal, and publishes it for third-party opposition, before deciding on registration.
Generally no — prior public disclosure of your own design can destroy novelty, subject to a limited grace period, so timing matters.
The particular appearance of a product resulting from its lines, contours, form, texture, or ornamentation.
Absent objections or opposition, commonly around 6 to 10 months from filing; contested matters take considerably longer.
The designer or their successor in title, such as an employer under a valid assignment, can apply; foreign applicants must act through a locally domiciled representative.
No — unlike trademarks, Peru's industrial design term is a single, non-renewable 10-year period from the filing date, after which the design enters the public domain.
Yes, Peru permits multiple embodiments of a design within certain limits in a single application, which can reduce overall filing costs.
Clear drawings or photographs of the design from the required views, a product indication, and applicant details; a power of attorney can follow shortly after filing.
Yes, under the Paris Convention you can claim priority from a first design filing abroad if you file in Peru within 6 months of that earlier application.
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. .
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