Peru: Legislative Decree No. 1391 on the Simplification of the Procedures referred to in the Laws Dealing with INDECOPI and Specifying the Powers, Regulations and Functions of INDECOPI

August 5, 2018

Peru: The Legislative Decree No. 1391 on the Simplification of the Procedures referred to in the Laws Dealing with INDECOPI and Specifying the Powers, Regulations and Functions of INDECOPI was promulgated by the President on August 4, 2018, and entered into force on August 5, 2018.

The Legislative Decree introduces amendments to the Law on Suppression of Unfair Competition (approved by Legislative Decree No. 1044), the Copyright Law (Legislative Decree No. 822), Law No. 28131 on Performers, the Law on the Organization and Functions of the National Institute for the Defense of Competition and Protection of Intellectual Property Rights-INDECOPI (Legislative Decree No. 1033) and the Law on the Powers, Rules and Organization of INDECOPI (Legislative Decree No. 807).

The amendments relate to, inter alia: (i) fixing a maximum of 100 working days for the period of proofs during the administrative sanctions proceedings for acts of unfair competition; (ii) increasing the penalty rates for persistent breaches or failure to pay a fine for acts of unfair competition; (iii) establishment of a maximum of 120 working days for the administrative procedures for copyright infringementactions brought to the Copyright Office; (iv) improving the regulatory framework for collective management societies; (v) redefining the notion of "artist"; (vi) imposing the same sanctions set out in the Copyright Law on the infringement of performers' rights; and (vii) specifying and modernizing the competences, regulations and functions of the National Institute for the Defense of Free Competition and the Protection of Intellectual Property (INDECOPI).