March 19, 2019

Peru has ratified the Singapore Treaty on the Law of Trademarks

Peru has become the latest contracting party to the Singapore Treaty on the Law of Trademarks (STLT) and the first Latin American country to ratify the treaty. Peru’s accession to the treaty occurred on September 27, 2018, at the 58th Assembly of the WIPO, with the STLT entering into force three months thereafter on December 27, 2018.

The Treaty was concluded in 2006 and entered into force on March 16, 2009, with ten countries privy to the treaty in its initial accession. The STLT aimed to simplify the administrative process by restricting the list of documents requested by IPOs, prohibiting legalisation of signatures and allowing multiple-class applications. It has proved successful in its growth with a current total of 47 contracting parties.

The STLT allows for the filing of non-traditional marks such as three-dimensional, hologram, motion, colour, and position marks, as well as non-visible signs such as sound and scent marks. Whilst this is highly beneficial to applicants from contracting countries whose legislation does not yet allow for the registration of these marks, the Peruvian IPO has accepted the possibility of the registration of non-traditional marks, and has approved such applications in the past, though these marks are not expressly mentioned in the legislation.

Further to Peru's accession to the Treaty, the country has also taken another step towards international collaboration. The Peruvian IPO has recently entered into an agreement with the intellectual property office of France, with the aim to exchange information, perform joint training for employees and promote IP systems of both countries. The agreement will benefit users significantly, providing them with a more robust system of IP protection throughout both countries.

It is hoped that the accession to the Singapore Treaty on the Law of Trademarks, as well as the bilateral agreement with France, will encourage further trademark filings and increase cooperation between Peru and other countries.

Author: Danielle Carvey