Régimen jurídico de la propiedad intelectual aplicable a la empresa peruana: mecanismos, requisitos, plazos, consecuencias del incumplimiento y vías de defensa[Legal regime of intellectual property applicable to Peruvian firms: mechanisms, requirements, time limits, consequences of non-compliance and remedies]

This working paper examines the intellectual property regime applicable to firms conducting research and innovation in Peru. Using a doctrinal and institutional approach, it integrates Andean Community rules, national legislation, rulings of the Court of Justice of the Andean Community and administrative decisions of Indecopi. It compares the requirements, duration, ownership and remedies associated with patents, utility models, industrial designs, trademarks, copyright, trade secrets, plant breeders’ rights and regulatory data exclusivity. The central argument is that appropriation of innovation returns requires a portfolio of mechanisms coordinated with disclosure timing, contracts and enforcement capacity. Agribusiness and bioindustry face additional requirements concerning genetic resources, traditional knowledge, biological material and sanitary regulation. The paper concludes that protection decisions must be made before disclosure and aligned with R&D strategy and freedom-to-operate analysis. It is not legal advice and does not provide a patentability opinion for specific products.