Protect your creative works by registering them with the copyright office of Peru. Once registered, you can enforce your legal rights over the copyrighted material and prevent others from reproducing, distributing, or using it without permission.
Quick Turnaround
Experts agents
Transparent prices
Straightforward hassle free services. We strive to make it easy.
Expert AgentsAn IP consultant will be assigned to you, through whom you will be able to request all your IP services
Worldwide ServicesRegardless of the amount of countries you need assistance in, we will be able to cover it. We work in over 180 jurisdictions
No Hidden ChargesAll prices are clear and without hidden costs. We have competitive and straightforward pricing
Free ConsultationOur team is standing by to clarify any questions you may have regarding trademarks and IP in any country of the world
Copyright in Peru is a legal framework that grants creators exclusive rights to their original works, covering a wide range of intellectual properties such as literary works, music, films, software, databases, video games, visual arts, photography, and architectural designs. The primary legislation governing copyright in Peru is the Legislative Decree No. 822 - Copyright Law (Decreto Legislativo Nº 822 - Ley sobre el Derecho de Autor), enacted in 1996 and subsequently amended to align with international standards and address technological advancements. This law ensures that creators maintain control over the use, distribution, and adaptation of their works, providing a strong legal foundation to protect against unauthorized use or exploitation.
In Peru, while copyright protection is extensive, certain types of works are excluded. For instance, copyright does not extend to mere ideas, concepts, methods, systems, or procedures, as the law only protects the specific expression of ideas, not the ideas themselves. Additionally, works that are not fixed in a tangible medium, such as unrecorded performances or oral presentations, do not qualify for copyright protection. Official texts, including legislative, administrative, and judicial documents, and their official translations, are also excluded from copyright protection. Furthermore, simple facts, news reports, and public domain information are not protected under Peruvian copyright law. Understanding these exclusions is essential for creators to ensure their works are adequately protected.
As a signatory to the Berne Convention, Peru provides automatic copyright protection from the moment a work is created and fixed in a tangible medium. This means that copyright registration is not strictly necessary to secure protection in Peru. Your work is protected as soon as it is created, without the need for formal registration.
Even though copyright registration is not mandatory in Peru, it is highly recommended. Registering your copyright provides official proof of ownership, which is crucial in legal disputes involving copyright infringement. It simplifies the process of asserting your rights in court and can make it easier to claim damages or prevent unauthorized use of your work. In Peru, copyright registration is managed by the National Institute for the Defense of Competition and the Protection of Intellectual Property (Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual, INDECOPI). By registering your work with INDECOPI, you reinforce your legal claim to your creation, making it easier to defend your rights both domestically and internationally.
In Peru the processing time to register a copyright is approximately one month from the filing date.
To register a copyright in Peru, you must follow specific procedures through INDECOPI. The process involves submitting a formal application that includes detailed information about the work, such as the title, type of work, and the author’s or authors' names. A physical or digital copy of the work must be provided, along with proof of identity (for individuals) or legal representation (for companies). A registration fee, which varies based on the type of work and the registration service requested, must also be paid. Once the application is submitted, INDECOPI will review it, and upon approval, your copyright will be officially registered, granting you the associated legal benefits.
Software is recognized as a protected work under Peru’s copyright law, treated similarly to literary works. This protection extends to the software’s source code, object code, and related documentation. When registering software in Peru, it is important to provide INDECOPI with a comprehensive description of the software, including its functionalities and, if necessary, the underlying code. Registering your software grants the creator or owner exclusive rights to reproduce, distribute, modify, and prevent unauthorized use by third parties. Given the global issue of software piracy, registering your software in Peru provides a solid legal foundation for taking action against unauthorized copying or distribution. Additionally, software developers and companies are encouraged to use licensing agreements and terms of use to safeguard their intellectual property rights when distributing software in the country.
Yes, in Peru, it is possible and advisable to register contracts related to copyright, such as copyright licenses. Registering these contracts with INDECOPI provides legal certainty and makes the terms of the agreement publicly accessible. This registration is particularly important in cases of disputes over the scope or validity of a license. The registration of copyright licenses or transfer contracts helps ensure that all parties involved have their rights protected and that the contract's terms are enforceable under Peruvian law.
Understanding the duration of copyright protection in Peru is essential for managing and protecting your intellectual property. For literary, artistic, and scientific works owned by an individual, the copyright duration lasts for the lifetime of the author plus 70 years after their death. This extended period provides substantial protection for the author’s heirs. When these works are owned by a company, the copyright protection is valid for 70 years from the date of publication.
For audiovisual works, collective works, and works of applied art, if owned by an individual, the protection also lasts for the lifetime of the author plus 70 years after their death. If these works are owned by a company, the copyright duration in Peru is 70 years from the date of first publication. Photographic works and works of applied art, whether owned by an individual or a company, are protected for 70 years from the date of creation.
Works published anonymously or under a pseudonym are protected for 70 years from the date of first publication. If the author’s identity becomes known, the protection is extended to their lifetime plus 70 years. If the work is owned by a company and the author’s identity is not revealed, the copyright duration remains 70 years from the date of first publication.
One unique aspect of copyright in Peru is the protection of traditional knowledge and cultural expressions, particularly those of indigenous communities. Peru has a rich cultural heritage with numerous indigenous groups contributing to its diversity. The Peruvian government, through INDECOPI, has taken significant steps to protect traditional music, crafts, and other cultural expressions from unauthorized exploitation, ensuring these cultural assets are preserved and respected.
Another notable feature of Peru’s copyright system is the emphasis on digital copyright protection. With the rise of digital media and online content, Peru has strengthened its legal mechanisms to combat online piracy and protect digital works. The country has established procedures for addressing copyright infringement in the digital space, reflecting its commitment to safeguarding intellectual property in the modern era.
English