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Peru: Trade facilitation measures for household hygiene products and absorbent personal hygiene products

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In brief

Decision No. 908 of the Commission of the Andean Community (“Decision 908“) was published in the Official Journal of the Cartagena Agreement N° 5097 on 29 December 2022.

Through Decision 908, the provisions of Decision 706 (Harmonization of legislation on household hygiene products and absorbent personal hygiene products) have been amended, in the sense of facilitating imports of these products from third countries. The amendments are as follows:

  1. The requirement to present the free sale certificate (or similar authorization) for household hygiene products and absorbent personal hygiene products (“Products“) manufactured outside the Andean Community is eliminated. 
  2. When a company wishes to market a Product in more than one member country of the Andean Community, it may submit the electronic document of the first mandatory health notification (authorization of marketing of the Product) for recognition in the other member countries. 

These measures will entail considerable cost and time savings for companies engaged in the manufacture and marketing of Products.

The provisions of Decision 908 can be reviewed in detail here. 

If you require legal advice on this issue, do not hesitate to contact us.

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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

Rosmery is an associate in Estudio Echecopar. She has a solid background in intellectual property and life sciences. She provides regulatory counseling and advice on pharmaceutical products, medical devices, cosmetics, absorbent products for personal hygiene, household hygiene products, food and beverages, and agrochemicals. Her intellectual property practice includes trademarks, patents and copyright, with emphasis in the management of portfolios and litigation on patents and copyright.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein

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