Database

Browse Database

PERU

Since 2000
Since June 2008, last amended in September 2018
Since June 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Decision No. 486 - Common Regime on Industrial Property of The Andean Community Commission

Legislative Decree No. 1,075 Approves Supplementary Provisions to Decision 486 of the Andean Community Commission (Decreto Legislativo N. 1,075 Aprueba Disposiciones Complementarias a la Decisión 486 de la Comisión de la Comunidad Andina que establece el Régimen Común Sobre Propiedad Industrial)

Repression of Unfair Competition Law Legislative Decree No. 1,044 (Ley de Represión de la Competencia Desleal Decreto Legislativo N. 1044)
Decision No. 486, Decree No. 1,075, and Decree No. 1,044 provide a framework for the effective protection of trade secrets. First, Art. 260 of Decision No. 486 defines trade secrets and Art. 245 allows requesting precautionary measures to stop an alleged infringement, obtaining or retaining evidence, or ensuring the effectiveness of the action or compensation for damages. Moreover, Art. 3 of Legislative Decree No. 1,075 considers trade secrets as an element of industrial property and Art. 13 of Decree No. 1,044 lists trade secrets infringement factual situations. INDECOPI ("Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Industrial") is the competent authority that applies the above-mentioned regulations in proceedings regarding trade secrets.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'PE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"71733"},{"post_id":"71734"},{"post_id":"71735"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'PE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'PE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

PERU

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.44%
Coverage rate of zero-tariffs on ICT goods (%)
80.94%
Coverage: Digital goods

PERU

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
Peru is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

PERU

Since July 2014, last amended in 2018
Since December 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Government Procurement Law No. 30,225 (Ley de Contrataciones del Estado N. 30,225)

Regulation of the Government Procurement Law (Reglamento de la Ley de de Contrataciones del Estado)
Art. 46 of Law No. 30,225 requires companies to register in the National Registry of Providers in order to participate, bid, and be a contractor or subcontractor with the state. According to Art. 10 of the Regulation of the Government Procurement Law, goods and service providers, together with works contractors and works consultants, must be registered in the National Registry of Providers, with the exception of state entities and providers whose contracts are equal or minor to around 4,600 soles (approx. 1,200 US).
Coverage Horizontal

PERU

Since July 2003, as amended in June 2007
Since December 2013

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 28,015 (Ley N. 28,015)

Supreme Decree No. 013-2013-PRODUCE (Decreto Supremo N. 013-2013-PRODUCE)
According to Art. 22 of Supreme Decree No. 013-2013-PRODUCE (corresponding to Art. 21 of Law N. 28,015, as amended by Law N. 29,034) states that in the contracting and procurement of goods and services, as well as in the execution and consulting of works, the State Entities offers preferences to Micro and Small Enterprises (MSEs) as long as they comply with the required technical specifications. The institutions must program not less than 40% of their procurements to be attended by MSEs and preference shall be given to regional and local MSEs in the place where the purchases are made or the state works are executed.
Coverage Horizontal

PERU

Since January 2016

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Directive No. 004-2016-OSCE/CD
According to Section 7.3 of Directive No. 004-2016-OSCE/CD, State entities are allowed to make a reference to a particular manufacture or source, manufacturing process, trademarks, patents, or types of good, origin, or production for public procurement. It is reported that this generates a lock-in effect in procurement for cloud computing, not allowing the administration to use alternative technologies.
Coverage Cloud computing services

PERU

Reported in 2022, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Complaints on public procurement
Foreign companies have highlighted certain challenges concerning public procurement in Peru. These include the perception of the government procurement processes as cumbersome and inefficient. Additionally, some companies still view corruption as a significant issue within the country's government procurement procedures.
Coverage Horizontal

PERU

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Peru is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

PERU

Since September 1991

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Decree No. 662 (Decreto Legislativo No. 662)
According to Art. 1 of Legislative Decree No. 662, the State promotes and guarantees both existing and future foreign investments in all sectors of economic activity and in any business or contractual form permitted by national legislation. Furthermore, Peru reportedly maintains an open regime for both domestic and foreign private investment, without foreign ownership restrictions in any sector relevant for digital trade.
Coverage Horizontal

PARAGUAY

Since 2021

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Paraguay has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

PARAGUAY

Since July 2009, last amended in July 2017

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Resolution No. 588/2009: Regulation for the homologation process of telecommunications equipment (Resolución Directorio No. 588/2009: Modificación del reglamento para la homologación de equipos y aparatos de telecomunicaciones)
According to Art. 6 of Resolution 588/2009, the commercialisation, installation, and operation of telecommunications apparatus or equipment are only allowed with prior approval by CONATEL (National Telecommunications Commission). According to Art. 2, the goods that need to be homologated include: telecom equipment and devices intended to be connected to public telecom networks or connected through a network termination; telecom equipment and devices that make use of the radioelectric spectrum (including antennas); equipment that does not fall into the previous categories, which are subject to some technical regulation, at the discretion of CONATEL. Certification by foreign suppliers is allowed, but the application must be submitted to the regulatory body for equipment homologation (Art. 17). Once equipment type testing has been performed, a Paraguayan representative must apply for the CONATEL’s certificate of approval by submitting the required documentation, as well as send a type approval request letter addressed to the president of the CONATEL.
It is also reported that the following ICT goods need to be homologated: car audio systems, RF transceivers, BT speakers, modems, wireless microphones, and RFID (Radio Frequency Identification) equipment.
Coverage Telecommunication equipment and ICT goods

PARAGUAY

Reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
Paraguay implements a de minimis threshold, that is the minimum value of goods below which customs do not charge duties, equal to USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). Resolution No. 1298 of 2018 of the Ministry of Industry and Commerce established that electronic purchases up to USD 100 that are not subject to prior import licenses are required to pay only the casual VAT of 13% and the transportation payment. As for operations between USD 100 and USD 1,000, they must pay between 15% and 35% of the Common External Tariff, as applicable.
Coverage Horizontal

PARAGUAY

Since December 1985

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Civil Code (Código Civil del Paraguay Ley No. 1183/85)
According to Art. 1197 of the Civil Code, companies incorporated abroad are required to establish a representation with domicile in the country, in addition to the particular domiciles resulting from other legal causes.
Coverage Horizontal

PARAGUAY

Since January 1992

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Law No. 117, which regulates capital and industrial companies (Ley No. 117, que regula las sociedades de capital e industria)
According to Art. 15 and Art. 16 of Law No. 117, foreign natural or legal persons who sign joint venture contracts shall be domiciled in Paraguay.
Coverage Horizontal

Report issue     Report new measure