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THE TRADEMARK OFFICE (INDECOPI) ESTABLISHES THE CRITERIA FOR THE SELECTION OF CASES IN DEFENSE OF COLLECTIVE CONSUMER’S INTERESTS

As part of the Peruvian Trademark Office’s initiative in favor of consumer protection, and in order for consumers to obtain full compensation when their rights have been violated, Directive No. 003-2016 was approved which establishes the criteria to be applied, and the mechanism of selection of cases for INDECOPI to promote judicial proceedings in defense of collective consumer’s interests.

 

The Directive establishes in which cases the Peruvian Trademark Office may sue before the judiciary, using the following criteria:

  1. Possibility to identify the affected consumers;
  2. The existence of an actual damage that is liable for compensation;
  3. Non-expiration of the deadline for prosecution and
  4. The severity of the infringement found in the administrative proceeding.

The aim of this Directive focuses on the importance of activating the legal mechanisms to allow compensation for consumers who have suffered any damage by a supplier.