WORLD TRADE
ORGANIZATIONIP/N/6/PER/1
16 August 2000
(00-3313)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  Spanish
CHECKLIST OF ISSUES ON ENFORCEMENT1
Responses from Peru
Civil and administrative procedures and remedies
(a) Civil judicial procedures and remedies
1. Specify the courts which have jurisdiction over IPR infringement cases.
Pursuant to Article 17 of Legislative Decree No. 807 – Law on the Functions, Regulations
and Organization of the National Institute for the Defence of Competition and Intellectual Property
Protection (INDECOPI) – decisions taken at the fina l administrative level may be contested through
judicial channels.  At the first level, this is the Civil Chamber of the Supreme Court of Justice.  At thenext level, appeals may be made against the aforementioned Chamber's decisions, before the
Constitutional and Social Law Chamber of the Supreme Court of Justice.
2. Which persons have standing to assert IPRs?  How may they be represented?  Are there
requirements for mandatory personal appearances before the court by the right holder?
Once the administrative channels have been exhausted, the owner of an intellectual property
right may bring action for recovery of possession or for compensation through civil law proceedings.
As far as representation is concerned, natural persons may appear in person or appoint an
attorney.  Legal persons must be represented by an attorney, who requires the relevant powers in order
to act.
There are no provisions prescribing the mandatory personal appearance of the right holder
before the Tribunal.
3. What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
According to Article 189 of the Code of Civil Procedure, the parties must provide evidence in
their pleadings.  The parties are empowered to request the presentation of documents under the
control of the other party as evidence.  The judge may order such a presentation.  Failure by a party topresent the documents ordered is taken into account  by the judge when making his ruling, without
prejudice to imposition of a penalty.
                                                     
1 Document IP/C/5.IP/N/6/PER/1
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Article 194 of the Code of Civil Procedure provides that, if the evidence furnished by the
parties is not sufficient to form an opinion, the judge may order the presentation of the additional
evidence he deems necessary.
4. What means exist to identify and protect confidential information brought forward as
evidence?
In accordance with the constitutional principle of the right of defence, all evidence and
information in proceedings must be made available to the other party and may be contested using any
of the means allowed.  Proceedings are public, therefore, the information furnished during the
proceedings is not confidential, except as regards the privacy and honour of persons, which applies in
general both during and outside the proceedings.
Nevertheless, pursuant to Article 6 of Legislative Decree No. 807, information on industrial
or trade secrets given to INDECOPI must be declared restricted information.  In such cases, all
necessary measures are taken to ensure that the information remains restricted and confidential, on
pain of liability.
During the civil proceedings, INDECOPI, (as co-defendant) maintains the restriction on
confidential information and does not furnish it to the judges.  If the judges request INDECOPI to
provide this information, it must do so.  Thereafter, the civil judges assume direct liability for the
restriction and confidentiality of the information.
5. Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use:
- injunctions;- damages, including recovery of profits, and expenses, including attorney's fees;- destruction or other disposal of infringing goods and materials/implements for
their production;
- any other remedies.
Injunctions
Injunctions are contained in decisions.  Pursuant to Article 121 of the Code of Civil
Procedure, there are three types of decision:  decrees, orders and judgements.  Decrees initiate the
proceedings and are straightforward procedural acts;  orders contain decisions for which the judge
must give grounds, for example, admissibility or rejection of a claim or counterclaim, acceptance orrejection of the steps taken to challenge the clai ms, admissibility, inadmissibility or modification of
precautionary measures or other decisions;  lastly, in a judgement, the judge definitively brings to an
end the level of judicial procedure or the proceedings, taking a specific, precise and substantiated
decision on the matter at issue.
Damages, including recovery of profits, and expenses, including attorney's fees
After the administrative channels have been exhausted, a claimant may turn to civil
proceedings under which the judicial authority determines the compensation for damages caused by
the infringement of intellectual property rights, duly established at the administrative level, so as to
obtain compensation for the losses suffered and the loss of profits caused by the infringement.  Thepayment of court costs and litigation expenses may also be ordered.  Pursuant to Article 246 ofIP/N/6/PER/1
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Legislative Decree No. 823 – Industrial Property Law – the amount of unrealized profits is
determined taking into account inter alia  the following criteria:
- The profits that the owner would have realized through use or exploitation of the right
had the violation not occurred;
- the profits actually realized by the infringer as a result of the violation;- the price that the infringer would have had to pay the owner for the grant of the
licence that would have enabled him to engage in rightful use.
Destruction or other disposal of infringing goods and materials/implements for their 
production
See the reply to question 10 - provisional judicial measures.Any other remedies
In  cases of administrative litigation, the civil courts may overturn decisions taken at the
administrative level.
Administrative litigation proceedings and compensation for injury are mutually exclusive and
the two actions cannot be combined.
6. In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the production
and distribution of the goods or services found to be infringing and of their channels ofdistribution?
According to Article 213 of the Code of Civ il Procedure, the parties may both request such
information.  The procedure is initiated with the replies to interrogatories, bearing in mind the
interrogatory attached to the application in a sealed envelope.  After the replies have been given, the
parties may put further questions and request clarification.  During this procedure, the judge may put
to the parties any questions he deems necessary.
In addition, a civil judge may order the presentation of evidence in addition to that furnished
by the parties, if he deems necessary.  On the basis of this evidence, he may request the defendant to
provide information on third parties that participated in the production and/or distribution of the
infringing goods or services.  Article 218 of the Code of Civil Procedure stipulates that the replies
must be unequivocal.  If the person questioned refuses to reply or responds evasively, the judgerequests him to fulfil his obligation.  If he persists in this behaviour, the judge takes this into account
when ruling on the defendant's action.
7. Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what"remedial measures" are applicable to them?
According to Article 412 of the Code of Civil Procedure, the reimbursement of court costs
and litigation expenses does not have to be requested and is the responsibility of the losing party.
Court costs are composed of judicial fees, fees for auxiliary judicial bodies and other judicial costs
incurred during the proceedings.  Litigation expenses comprise the fees of the attorney of the
successful party, together with a percentage for the College of Lawyers of the relevant judicial
district.  According to Article 4 of the aforementioned legal text and without prejudice to payment ofIP/N/6/PER/1
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court costs, litigation expenses and fines by a malicious claimant, when a case concludes with a ruling
that rejects the complaint made and the defendant considers that the right to bring the action was
exercised unlawfully or arbitrarily, he may request compensation for the injury suffered.
It should be added that Article 110 of the Code of Civil Procedure indicates that the parties,
their attorneys, their representatives and lawful third parties must respond for any injury caused by
bringing proceedings recklessly and unscrupulously.
Regarding the responsibility of judges, Article 509 of the Code of Civil Procedure states that
a judge exercising his jurisdictional functions is civilly liable if he causes injury to the parties or to
third parties, by acting with malevolent intent or with gross negligence, without prejudice to any
applicable administrative or criminal penalties.
The obligation to pay compensation for damages is solidary between the State and the judge
who issued a ruling which improperly imposed an obligation on the defendant.
8. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
Civil litigation is governed by the Code of Civil Procedure and comprises the following:
summary proceedings, expedited proceedings, cognizance, preventive action and action to vindicate a
right.  Depending on the subject and the amount s ought, a complaint may be dealt with under any of
the aforementioned procedures.
The cost and length of proceedings varies according to the case and its complexities.
(b) Administrative procedures and remedies
9. Reply to the above questions in relation to any administrative procedures on the merits
and remedies that may result from these procedures.
9.1 Specify the courts which have jurisdiction over IPR infringement cases.
INDECOPI is an autonomous body responsible for monitoring fair competition, protection of
intellectual property and defence of consumers' rights.
For the purpose of defending intellectual property rights, INDECOPI has three Offices:  the
Distinctive Signs Office, the Copyright Office, and the Inventions and New Technologies Office.  At
the first level, each of these Offices deals with cases within its competence.  At the second (and last)
administrative level, there is a Tribunal for the Defence of Competition and Intellectual Property
Protection, which deals with cases related to the defence of competition, consumers' rights and
intellectual property.  The Tribunal is composed of Chambers for the defence of competition and for
intellectual property protection, the latter being responsible for intellectual property cases.
9.2 Which persons have standing to assert IPRs?  How may they be represented?  Are there
requirements for mandatory personal appearances before the court by the right holder?
The holder of an intellectual property right is empowered to initiate action through
administrative channels, for example, regarding the gr anting of a right, proceedings for infringement,
observations, nullity, annulment of trademark registrations, inter alia .
Regarding representation, natural persons may appear in person or appoint an attorney.  Legal
persons must be represented by an attorney, w ho requires the relevant powers in order to act.IP/N/6/PER/1
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There are no provisions prescribing the mandatory personal appearance of the right holder
before the INDECOPI Offices or the Tribunal.
9.3 What authority do the judicial authorities h ave to order, at the request of an opposing
party, a party to a proceeding to produce evidence which lies within its control?
Pursuant to Article 76 of Supreme Decree No. 02-94-JUS – Single Harmonized Text of the
Law on General Regulations for Administrative Procedures – if the evidence furnished by the parties
is not sufficient to form an opinion, the administrative authority may order the presentation of the
additional evidence it deems necessary.
Furthermore, Article 2 of Legislative Decree No. 807 – Law on the Functions, Regulations
and Organization of the INDECOPI – states that the INDECOPI may require natural or legal persons
to present any type of document.  Any person who provides false or misleading information, destroys
or alters any book, register or document requested shall be punishable by a fine, which shall be
doubled if the offence is repeated.
9.4 What means exist to identify and protect confidential information brought forward as
evidence?
According to Article 6 of Legislative Decree No. 807, any information received by an Office
or the Tribunal for the Defence of Competition and Intellectual Property Protection that is an
industrial or trade secret must be declared restricted information by the relevant Office or Tribunal.  In
such cases, the Office or Tribunal takes all measures necessary to guarantee the restriction and
confidentiality of the information, on pain of liability.
The only persons who have access to documents and information declared to be restricted are
officials of the relevant Office or Tribunal, officials of INDECOPI assigned to the case and, where
appropriate, members and staff of the Tribunal for the Defence of Competition and Intellectual
Property Protection.  Officials who violate the restri ction placed on the information shall be dismissed
and barred from exercising any public function for up to 10 years, without prejudice to any criminal
liability.
9.5 Describe the remedies that may be ordered by the judicial authorities and criteria,
legislative or jurisprudential, for their use:
- Injunctions;
- damages, including recovering of profits, and expenses, including attorney's
fees;
- destruction or other disposal of infringing goods and material/implements for
their production;
- any other remedies.
Injunctions
There are two types of administrative injunction:  decisions, which resolve the substance of
the matter and bring the proceedings to an end;  and interlocutory resolutions, which prescribe
administrative acts to be carried out.IP/N/6/PER/1
Page 6
Damages, including recovery of profits, and expenses, including attorney's fees;
Destruction or other disposal of infringing goods and materials/implements for their
production;
Any other remedies.
According to Article 242 of Legislative D ecree No. 823 – Industrial Property Law –
infringements of industrial property rights give rise to the imposition of the penalty of a warning or a
fine, without prejudice to any measures that may be ordered to effect the cessation of the infringing
acts or to prevent them taking place.  The range of fines is determined by the competent Office.
Recidivism is considered an aggravating circumstance, with the result that the sanction applied maynot be less severe than the previous sanction.
According to Article 177 of Legislative Decree No. 822 – Copyright Law – the administrative
authority may order inter alia  the cessation of the unlawful act;  the imposition of a warning or fine;
the attachment or destruction of products, labels, packaging, and advertising materials;  the temporaryclosure of the infringing establishment;  publication of the judgement in a national newspaper.
Pursuant to Article 47 of Decision 391 of the Andean Community – Common Regime on
Access to Genetic Resources – the administrative authority may apply administrative sanctions, such
as fines, preventive or definitive confiscation, temporary or definitive closing down of establishmentsand disqualification of the violator from applying for new accesses in cases of violation of the
aforementioned Decision.
Action for damages can only be brought through judicial channels (see the reply to
question 5).  The administrative body is the only body empowered to impose fines on infringers.
9.6 In what circumstances, if any, do judicial authorities have the authority to order the
infringer to inform the right holder of the identity of third persons involved in the production
and distribution of the goods or services found to be infringing and of their channels of
distributors?
Pursuant to Article 2 of Legislative Decree No. 807, INDECOPI may convene and question
persons concerned by the investigation or their representatives, employees, officials, advisers and
third parties, using the technical means it deems n ecessary in order to compile a complete and faithful
record of their declarations, and may use sound or video recordings for this purpose.  It is also
empowered to order the infringer to reveal the identity  of third parties involved in the infringement.  If
the persons concerned by the investigation furnis h false or misleading information, INDECOPI may
impose a sanction in the form of a fine.
9.7 Describe provisions relating to the indemnification of defendants wrongfully enjoined.
To what extent are public authorities and/or officials liable in such a situation and what
"remedial measures" are applicable to them?
According to Article 28 of Supreme Decree No. 02-94-JUS – Single Harmonized Text of the
Law on General Regulations for Administrative Procedures – officials and employees who do not
satisfy the provisions of the aforementioned Law are guilty of misconduct that is punishable in
accordance with Article 26 of Legislative Decree No. 276 – Basic Law on Administrative Functions.The sanctions for misconduct prescribed in Article 26 of the Basic Law on Administrative Functions
are a verbal or written warning, suspension without pay for up to 30 days, temporary cessation of
work without pay for up to 12 months, and dismissal.IP/N/6/PER/1
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9.8 Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The requirements, the cost and the duration of proceedings vary depending on the matter to be
dealt with by each of the Offices or the INDECOPI Tribunal.
On average, copyright infringement proceedings take three to five months and the
approximate cost of bringing a case is US$42.00 for each complaint.  If precautionary measures are
sought, the approximate cost is US$42.00 for each measure requested.
The procedure for any action for infringement of distinctive signs is laid down in Legislative
Decree No. 823, Articles 240-246.  The proceedings last for around four-six months and theapproximate cost of bringing a case is US$42. 00.  If precautionary measures are sought, the
approximate cost is US$42.00 for each measure requested.
The average time required for settling a case through administrative channels, if an appeal is
lodged at both the first and second levels, is approximately one year.
Provisional measures(a) Judicial measures
10. Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
Pursuant to Article 608 of the Code of Civil Procedure, a judge may, at the request of a party,
order precautionary measures (provisional measures) before proceedings are initiated or in the courseof proceedings, in order to ensure compliance with the final ruling.
Likewise, Article 198 of Legislative Decree No. 822 – Copyright Law – states that, at the
request of the owner of the rights concerned, his representative or the corresponding management
society, a judge may order the immediate institution of the necessary precautionary measures to avoid
the perpetration of the infringement or the continuation or repetition of a violation already committed,
including the following measures in particular:
- Seizure of the income realized through the unlawful activity or, where appropriate, of
the amounts owed in remuneration;
- immediate suspension of the unlawful manufacture, reproduction, distribution,
communication or importation, as the case may be;
- sequestration of the copies produced or used and of the material or equipment used
for the infringing activity.
In addition, an unforeseen precautionary measure that satisfactorily ensures compliance with
the final decision may also be requested and granted.
11. In what circumstances may such measures be ordered inaudita altera parta?
The adoption of such measures inaudita altera parta is one of the features of precautionary
measures (provisional measures) and the purpose is to ensure compliance with the final ruling.
According to Article 611 of the Code of Civil Proced ure, if a judge considers, in the light of the
explanations and the evidence furnished, that the right claimed is justified and that a preventiveIP/N/6/PER/1
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decision is necessary because any delay in the proceedings would be dangerous or for any other
justifiable reason, he may order a precautionary measure in the form requested or as he deems
appropriate taking into account the nature of the principal claim.
12. Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time -limits and safeguards to protect the legitimate
interests of the defendant.
Article 610 of the Code of Civil Procedure states that any person requesting a precautionary
measure (provisional measure) must explain to the judge the grounds for his claim for preventive
measures (he must prove title to the right claimed and the risk of delay);  indicate the form of the
precautionary measure;  where appropriate, state the goods to which the measures should apply andthe amount to be set aside;  offer counter-security and nominate the competent legal body.
For the precautionary measure to remain in effect, at the request of the person possessing the
right to the measure and at any stage of the proceedings, the measure may be changed, either by
altering its form or modifying the goods which it affects or its amount.
The purpose of the counter-security is to ensure that a person on whom a precautionary
measure has been imposed is compensated for any damages caused by its imposition.  The acceptance
of counter-security, its type and amount, is determined by the judge, who may accept the security
offered by the complainant, adjust it, modify it, or, even, change it as he deems necessary.
Lastly, it should be noted that any precautionary measure involves a prejudgement and is
provisional, set down in writing and variable.
13. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.
The cost and length of preventive proceedings varies according to the complexity of the
precautionary measure requested.
(b) Administrative measures
14. Reply to the above questions in relation to any administrative provisional measures.
14.1 Describe the types of provisional measures that judicial authorities may order, and the
legal basis for such authority.
Article 27 of Legislative Decree No. 807 provides that, at any stage of the procedure, either
ex officio or at the request of a party, INDECOPI may order one or more of the following
precautionary measures:
- The cessation of the acts that are the subject of the complaint;- the seizure, deposit or arrestment of the products, labels, packaging and advertising 
material that are the subject of the complaint;
- preventive cessation of advertising that is the subject of the complaint;- the adoption of the necessary measures to allow the customs authorities to prevent the
entry into Peru of the products concerned;IP/N/6/PER/1
Page 9
- temporary closure of the establishment of the person that is the subject of the 
complaint;
- any other measure to prevent any prejudice occurring.
Article 177 of the Copyright Law also indicates some of the provisional measures that may be
requested by owners of copyright, namely:
- Immediate suspension or cessation of the unlawful activity;- attachment or confiscation, and withdrawal from commercial distribution circuits, of
any copies produced or used and of the material or equipment used for the infringingactivity;
- the conduct of inspections, attachments or confiscations without prior notice.
14.2 In what circumstances may such measures be ordered inaudita altera parte?
The adoption of such measures inaudita altera parte  is one of the features of precautionary
measures (provisional measures) and the purpose is  to ensure compliance with the final ruling.
Article 27 of Legislative Decree No. 807 indicates that such measures may be ordered at any stage of
infringement proceedings, either ex officio or at the request of a party.  They may be ordered to
ensure compliance with the final ruling, in othe r words to prevent any prejudice arising from the
alleged act or for the purpose of ending it.
14.3 Describe the main procedures for the init iation, ordering and maintenance in force of
provisional measures, in particular relevant time -limits and safeguards to protect the legitimate
interests of the defendant.
There is no special procedure at the administrative level for the adoption of provisional
measures.  They must be requested in the context of proceedings for infringement of an intellectual
property right (it should be noted that infringement proceedings can also be initiated when there is an
imminent danger that the rights of the holder might be violated).
Article 241 of Legislative Decree No. 823 states that precautionary measures are ordered on
behalf of and under the responsibility of the complainant.
In addition, Article 181 of Legislative Decree  No. 822 states that the Copyright Office is
entitled to order preventive or precautionary measures at the request of a single party, without havingto give prior notice to the other party, especially where any delay might cause irreparable harm to the
owner of the right or where there is an imminent risk of evidence being destroyed.
Article 244 of Legislative Decree No. 823 and Arti cle 175 of Legislative Decree No. 822 state
that administrative actions for infringement shall be  statute-barred after two years, calculated from the
date on which the infringing act ceased.
14.4 What are normally the duration and cost of proceedings?
The duration of proceedings for infringement of an intellectual property right ranges from
five months to one year, and the administrative fee for initiating the proceedings is approximately
US$42.00.IP/N/6/PER/1
Page 10
Special requirements related to border measures
15. Indicate for which goods it is possible to apply for the suspension by the customs
authorities of the release into free circulation,  in particular whether these procedures are
available also in respect of goods which involve infringements of intellectual property rightsother than counterfeit trademark or pirate d copyright goods as defined in the TRIPS
Agreement (footnote to Article 51).  Specify, together with relevant criteria, any imports
excluded from the application of such proce dures (such as goods from another member of a
customs union, goods in transit or de minimis  imports).  Do the procedures apply to imports of
goods put on the market in another country by or with the consent of the right holder and to
goods destined for exportation?
Pursuant to Article 240 of Legislative Decree No. 823, actions for infringement are subject to
the procedure laid down in Title V of Legislative Decree No. 807.  Article 27(d) of the latter Decree
states that, at any stage of the proceedings, either ex officio  or at the request of a party, INDECOPI
may order the adoption of the measures necessary for the customs authorities to prevent the entry into
Peru of the products that are the subject of the complaint.
2
Article 40 of Legislative Decree No. 822 provides that the Copyright Office may apply to the
customs authority for confiscation at the border of pirated merchandise that violates copyright, with a
view to suspending the free circulation of the said merchandise where attempts are made to import it
into Peruvian territory.  The measures to secure confiscation do not apply to copies that form part ofhousehold goods, or those that are in transit.
Article 27(d) of Supreme Decree No. 008-96-ITINCI – Regulations for the Protection of Plant
Breeders' Rights – states that the holder of a new plant variety certificate whose right has been
infringed may request the adoption of the measures necessary for the customs authorities to preventthe entry of the infringing products into Peru.
The aforementioned provisions on border measures do not apply to imports of goods placed
on the market of another country by the owner of the right or with his consent.
16. Provide a description of the main elements of the procedures relating to the suspension
of the release of goods by customs authoritie s, in particular the competent authorities
(Article 51), the requirements for an application (Article 52) and various requirements related
to the duration of suspension (Article 55).  How have Articles 53 (security or equivalent
assurance), 56 (indemnification of the importer and of the owner of the goods) and 57 (right of
inspection and information) been implemented?
The procedure is initiated before INDECOPI  by bringing an action for infringement,
requesting as a precautionary measure the suspension of the customs clearance of goods infringing an
intellectual property right.  After the measure has been requested, INDECOPI sends an official
communication to the customs authorities requesting the suspension of the customs clearance of the
infringing products.
                                                     
2 In Chapter III – Border Measures – of Title XV – Action for Infringement of Rights – of the draft
revision of Decision 344 of the Andean Community – Common Regime on Industrial Property – there isprovision for the protection of the holder of a trademark registration against import or export of productsinfringing the registration.  According to the draft, small quantities of goods that are not of a commercial natureand are included in the personal luggage of visitors or are sent in small amounts are excluded from application
of border measures.  It should be noted that the section on border measures in this draft has met with the
consensus of the five Andean countries.IP/N/6/PER/1
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The Customs Taxation Department of the customs authority halts containers with allegedly
infringing products at the customs posts before clearance.  INDECOPI is informed accordingly and its
participation is sought in order to determine whether they are in fact infringing products.
INDECOPI has signed an information exchange  agreement with the customs authorities and
this is used in order to obtain information on goods which arrive in ports and which might breach
copyright legislation.
The Copyright Office of INDECOPI has often taken action, either ex officio or at the request
of a party, inside customs terminals and has confiscated illegal copies.
17. Describe provisions governing the length and cost of proceedings.  Provide any available
data on the actual duration of proceedings and their cost.  How long is the validity of decisions
by the competent authorities for the suspension of the release of goods into free circulation?
Decisions by the competent authorities suspending the clearance of goods are valid until the
procedure has been terminated.  The duration of the procedure ranges from five months to one yearand the administrative fee for initiating it is approximately US$42.00.
18. Are competent authorities required to act upon  their own initiative and, if so, in what
circumstances?  Are there any special provisions applicable to ex officio action?
In principle, the procedure is initiated at the request of a party.  Nevertheless, if the customs
authorities detect any irregularities or possible infrin gement of an intellectual property right, they send
an official letter to INDECOPI.  As the body responsible for protecting intellectual property rights,
INDECOPI must authorize the seizure of goods.
19. Describe the remedies that the competent authorities have the authority to order and
any criteria regulating their use.
INDECOPI may order the customs authorities to prevent the clearance of goods that are the
subject of a complaint throughout the period of the administrative procedure in an infringement
action.
Criminal procedures
20. Specify the courts which have jurisdiction over criminal acts of infringement of IPRs.
The Judge of First Instance in the Criminal Courts is empowered to hear cases concerning
intellectual property rights.  In the second instance, the Criminal Chamber of the High Court has
jurisdiction.
21. In respect of which infringements of which intellectual property rights are criminal
procedures and penalties available?
In respect of offences against copyright and related rights and industrial property rights.
Articles 216-221 of the Criminal Code state with regard to copyright that penal sanctions may
be applied for unlawful use of intellectual property, plagiarism, publishing too many copies orexceeding the authorized circulation, as well as for the sale or distribution of illegally-produced
copies.IP/N/6/PER/1
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According to Articles 222-225 of the Criminal  Code on industrial property rights, penal
sanctions apply to unauthorized use of a patent, unauthorized use or sale of an industrial design,
improper use of an expression accrediting a person as the owner of an industrial design, and unlawful
use of mark.
22. Which public authorities are responsible for initiating criminal proceedings?  Are they
required to do this on their own initiative and/or in response to complaints?
The public authority responsible for initiating criminal proceedings is the Public Prosecutor's
Office, which is the autonomous State body whose main functions include the protection of the Law,
citizen's rights and the public interest, inter alia .  In the case of intellectual property rights, the
Nineteenth Criminal Provincial Prosecutor's Office in Lima and Ad Hoc Office for IntellectualOffences is the competent authority.  INDECOPI, through the aforementioned Prosecutor's Office, is
also responsible for initiating criminal proceedings.
The Public Prosecutor's Office may initiate proc eedings ex officio (on its own initiative) when
there are reasonable indications that an offence has been committed;  or at the request of the injuredparty (following complaints).
23. Do private persons have standing to initiate criminal proceedings and, if so, who?
Private persons are not authorized to initiate criminal proceedings directly for offences
against intellectual property rights, but must do so  through the competent Public Prosecutor's Office.
24. Specify, by category of IPR and type of infringement where necessary, the penalties and
other remedies that may be imposed:
- Imprisonment;
- monetary fines;- seizure, forfeiture and destruction of infringing goods and materials and
implements for their production;
- other.
Offences against copyright and related rights:
- Unlawful use of an intellectual creation – Articles 216 and 217 of the Criminal Code;
- plagiarism – Article 218 of the Criminal Code;- publication of an excessive number of copies or exceeding authorized circulation –
Article 219 of the Criminal Code;  and
- sale or distribution of illegally-produced copies – Article 220 of the Criminal Code.IP/N/6/PER/1
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OFFENCE SANCTION
Unlawful use of an intellectual creation 1-3 years' imprisonment and a fine of
10-60 days *
In aggravated cases:  2-6 years' imprisonment and a fine
of 30-90 days
Plagiarism 2-8 years' imprisonment and a fine of 60-120 days
Publication of an excessive number of
copies or exceeding authorized circulation2-8 years' imprisonment and a fine of 60-180 days
Sale or distribution of illegally-produced
copies4-8 years of imprisonment and a fine of 90-365 days
* A fine equivalent to a day is a minor sanction determined by the judge.  It represents a
percentage of the earnings of the person accused.
In such cases, there is provision for the prior attachment of the illegal copies and of the
equipment or means used to commit the offence.  There is also provision for the search or
opening up of the place in which the criminal offence was committed.
Offences against industrial property:
- Unauthorized use of a patent – Article 222 of the Criminal Code;
- unauthorized use or sale of an industrial design – Article 223 of the Criminal Code;
- improper use of an expression accrediting a person as the owner of an industrial design –
Article 224 of the Criminal Code;  and
- unlawful use of a mark – Article 225 of the Criminal Code.
OFFENCE SANCTION
Unauthorized use of a patent 2-4 years' imprisonment and a fine of 60-365 days,
as well as disqualification **
Unauthorized use or sale of an industrial design 1-4 years' imprisonment and a fine of 60-365 days,
as well as disqualification
Improper use of an expression accrediting aperson as the owner of an industrial design1-4 years' imprisonment and a fine of 60-365 days,
as well as disqualification
Unlawful use of a mark 1-4 years' imprisonment and a fine of 60-365 days,
as well as disqualification
** Disqualification means the incapacity to exercise on one's own behalf or through a third
party the profession, trade, art or industry specified in the sentence.
25. Describe provisions governing the length and any cost of proceedings.  Provide any
available data on the actual duration of proceedings and their cost, if any.
Ordinary criminal justice is the responsibility of the Supreme Court of the Republic, the
Magistrates' Courts, Judges of First Instance in Criminal Matters and Justices of the Peace.  The
duration and cost of the proceedings depends on the offence.  Article 24 of the Basic Justice Law
states that criminal proceedings are exempt from payment of judicial fees.
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