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Peru: National consumer protection authority, INDECOPI, allows the use of octagon adhesives on products imported by certain importers

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In brief

Certain importers may continue to use prohibited adhesives

 Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (INDECOPI) Commission on Dumping, Subsidies and Non-Tariff Trade Barriers (“Commission“) has granted the interim measure requested by various importers of industrialized food and beverages and the Chamber of Commerce of Lima to allow the use of adhesives for the posting of advertising warnings on said imported products. See Resolution No. 012-2022/CDB-INDECOPI (“Resolution“).

This interim measure will remain in place until the INDECOPI Court (second administrative instance) issues its final ruling on the merits of the dispute or revokes the interim ruling if The Ministry of Health (MINSA) decides to appeal it.

Estudio Echecopar International Trade team is representing the complainant companies in this proceeding.

In Depth

Some comments on the Resolution:

  • There is a ban on the use of octagon adhesives applied to imported products as of 1 April 2022. Only the companies that filed the complaint (including those affiliated with the Chamber of Commerce of Lima) may continue to use the adhesives on imported products.
  • Importing companies affected by the prohibition on the use of octagon adhesives on their products may file a new complaint requesting a similar interim measure.

For more information, please contact the team that oversees the complaint:

Luis Alonso García (luisalonso.garcia@bakermckenzie.com)

Gonzalo Bernal (gonzalo.bernal@bakermckenzie.com)

Alvaro Gutiérrez (alvaro.gutierrez@bakermckenzie.com)

Click here to read the alert in Spanish.

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Author

Luis Alonso Garcia has more than 25 years of experience practicing in intellectual property law. Mr. Garcia has been vice minister of Foreign Trade in Peru. He was in charge of the negotiation of intellectual property in the free trade agreement between Peru and the United States. He has successfully led the offices for Peru’s trademarks and patents and has chaired the Court for Intellectual Property in INDECOPI. Mr. Garcia is also an intellectual property lecturer in different universities in Peru.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein

Author

Alvaro Gutierrez is a partner in Estudio Echecopar. He acted as secretary of the Commission of the Andean Community at the General Secretariat of the Andean Community and the Cartagena Agreement Board. Alvaro was part of the Andean Community's team that negotiated an association agreement with the EU's Intellectual Property Chapter and for the Chapter on Intellectual Property in ALCA (America's Free Trade). He was adviser to the vice minister on foreign trade in negotiations for the free trade agreement with the US. Alvaro is also a former vice president of the Peruvian Copyright Office.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein

Author

A specialist in foreign trade and customs, Gonzalo has a broad experience in advisory, preventive audits and litigation related with sophisticated trade operations, trade facilitation and investment. His professional expertise includes legal advisory provided to either domestic or international enterprises, specifically related to import and export regimes, customs valuation, tariff classification, rules of origin, trade barriers (sanitary and phytosanitary measures, technical barriers to trade), investment and infrastructure, supply chain management, transport, Free Trade Agreements (FTAs), Regional and Plurilateral Agreements (CAN, MERCOSUR, among others) compliance and WTO law.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein

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