A preliminary guide to register industrial designs in Peru

Industrial designs in Peru become more popular with its diverse culture, Peru possesses an endless treasure trove of inspiration for design. From the intricate motifs on Inca pottery to the vibrant bands of festive colors, the country is becoming an attractive destination for designers and investors. The development of industrial designs not only enhances the value of traditional handicraft products, but also opens up great opportunities for the tourism and fashion industries and creates many jobs. HENCE more and more individuals and organizations are investing here and developing their own industrial designs. However, many people still do not know the procedure for registering an industrial design in Peru, Viet An Law would like to guide customers through the article below.

A Preliminary Guide to the Concept of Industrial Design in Peru

Industrial design in Peru is understood as the external appearance of a product, including the shape, structure, or pattern, that makes it different from other products. In other words, these are the unique visual characteristics of a product, contributing to the aesthetic and brand value of that product.

A Preliminary Guide to the Elements of Industrial Design in Peru

• Novelty: The design must be new, i.e., it has never been previously published or used.
• Uniqueness: The design must be unique, making a difference from the designs that already exist.
• Industriality: The design must be capable of mass production using industrial or manual methods.

Non-protected elements are industrial designs in Peru

• Technical Factors
  • Shape Required by Function: If the shape of a product is necessary to ensure its functionality, then it is usually not protected. For example, the shape of a spoon must have a long handle and a rounded tip to perform the scoop function.
  • Shapes are technical only: Shape elements that serve only technical purposes, like the internal parts of a machine, are usually not protected.
• Common factors:
  • Familiar shapes: Shapes that have become familiar and popular in a certain industry are often not protected.
  • Simple ideas: Design ideas that are too simple or popular are also not protected.
  • Natural elements: Shapes derived from nature, like the shape of a leaf or a stone, are often unprotected.
• Other factors:
  • Advertisement-only designs: Advertisement-only elements, such as logos or trademarks, are usually protected as trademarks rather than industrial designs.
  • Designs that violate the law: Designs that violate the law or social ethics will not be protected.

Industrial designs that can be registered for protection in Peru

Based on product type

• Industrial designs for consumer products: Including household appliances, electronics, toys, jewelry, watches, eyeglasses, clothing, shoes, bags,…
• Industrial designs for industrial products: Including machinery parts, equipment, vehicles,…
• Industrial designs for handicraft products: Including ceramics, woodwork, leather goods, traditional handicraft products,…

Based on the form factor

• Geometric design: Includes basic shapes such as circles, squares, triangles, or a combination of these shapes.
• Decorative design: Including patterns, textures, decorative patterns, colors,…
• Combination Style: A combination of geometric and decorative designs.

Guidelines for preparing industrial design registration dossiers in Peru

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).

Term of Industrial Design Protection in Peru

The term for industrial design protection in Peru is 10 years from the date of the initial filing. However, to protect your intellectual property rights to the maximum, you can completely extend the protection period 2 more times, each time 5 years. Thus, the maximum total protection period that you can achieve is 20 years.

If you need to support the procedure for registering an industrial design in Peru, please contact Viet An Law, hotline (+84) 9 61 67 55 66 (WhatsApp, Viber, Zalo, Wechat) for the fastest guidance!