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PERU

Since December 2000
Since June 2008, last amended in September 2018
Since June 2008, last amended in January 2021

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Decision No. 486 - Common Regime on Industrial Property, Andean Community (Decisión No. 486 - Régimen Común de Propiedad Industrial, Comunidad Andina)

Legislative Decree No. 1,075 Approves Supplementary Provisions to Decision 486 of the Andean Community Commission (Decreto Legislativo No. 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 No. 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, to obtain or retain evidence, or to ensure the effectiveness of the action or to receive 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 factual situations constituting trade secret infringement. 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

PERU

Since December 2014
Since September 2013
Since November 2019
Since September 2012
Since January 2016

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Supreme Decree No. 024-20l4-MTC (Decreto Supremo No. 024-20l4-MTC)

Law that establishes measures to strengthen competition in the mobile public services market Law No. 30,083 (Ley que establece medidas para fortalecer la competencia en el mercado de los servicios públicos móviles Ley No. 30083)

Resolution of the Board of Directors No. 154-2019-CD/OSIPTEL (Resolución de Consejo Directivo No. 154-2019-CD/OSIPTEL)

Resolution of the Board of Directors No. 132-2012/CD-OSIPTEL (Resolución de Consejo Directivo No. 132-2012/CD-OSIPTEL)

Resolution No. 00039-2016-GG/OSIPTEL (Resolución No. 00039-2016-GG/OSIPTEL)
There is an obligation for passive infrastructure sharing in Peru to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements.
In the mobile segment, Art. 12 of Supreme Decree No. 024-2014-MTC, which regulates the registration framework for passive infrastructure providers for public mobile services, requires such providers to make their infrastructure available to public mobile telecommunications operators that request access, subject to the regime's conditions. In parallel, Law No. 30083 introduces mobile virtual network operators (MVNOs) and rural mobile infrastructure operators, and obliges mobile network operators to provide network access (“acceso a red”), which may encompass access arrangements involving network elements used to deliver mobile services.
In fixed wholesale markets, sharing obligations apply to operators designated as Proveedor Importante in the wholesale market for internet and data transmission. Telefónica del Perú S.A.A. was selected as a Proveedor Importante for Market No. 25 by Board Resolution No. 154-2019-CD/OSIPTEL, which imposes access and shared-use obligations on the designated provider. Board Resolution No. 132-2012-CD/OSIPTEL further requires the submission of an Oferta Básica de Compartición (OBC) under this regime, and Telefónica’s OBC was approved by General Management Resolution No. 00039-2016-GG/OSIPTEL.
Coverage Telecommunications sector

PERU

Since January 2025, entry into force in April 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 009-2025-EF (Decreto Supremo Nº 009-2025-EF)
Art. 75 of Supreme Decree No. 009-2025-EF provides that for service (including consultancy) to be performed outside Lima and Callao with a value is up to PEN 200,000 (approx. USD 60,000), the standard tender documents can grant a 10% scoring bonus (calculated over the total score) to bidders domiciled in the province where the service is delivered, or in neighbouring provinces, even if they are in a different department/region. For this purpose, the bidder’s domicile is the one recorded in its RNP registration certificate.
Coverage Horizontal

PERU

Since December 2013, last amended in September 2022
Since July 2003, as amended in June 2007
Since January 2025, entry into force in April 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Supreme Decree No. 013-2013-PRODUCE (Decreto Supremo No. 013-2013-PRODUCE)

Law No. 28,015 (Ley No. 28,015)

Supreme Decree No. 009-2025-EF (Decreto Supremo Nº 009-2025-EF)
Pursuant to Art. 22 of Supreme Decree No. 013-2013-PRODUCE (implementing Art. 21 of Law No. 28,015, as amended by Law No. 29,034), State entities must grant preferences to micro and small enterprises (MSEs) in the procurement of goods and services, and in works contracting and consultancy, provided that the MSEs meet the applicable technical specifications. The Decree further requires public entities to programme at least 40% of their procurements to be fulfilled by MSEs, with priority for regional and local MSEs in the locality where the procurement is conducted or the public works are executed. In addition, State entities must allocate at least 40% to manufacturing micro, small and medium-sized enterprises (MSMEs) that produce goods or provide services within Peru, provided that they can supply them in terms of quality, timeliness, price, and competitiveness.
Art. 81 of Supreme Decree No. 009-2025-EF further provides that, if two or more offers tie, the award goes (in order) to the best technical score, then to a micro/small enterprise integrated by persons with disabilities, then to a micro/small enterprise (or a consortium fully composed of them).
Both the Law and the Decree are to be repealed by Law No. 32353 of May 2025, which enters into force the day after its implementing regulation is published. However, the implementing regulation has not yet been published.
Coverage Horizontal

PERU

Reported in 2022, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Complaints on public procurement
Foreign companies have highlighted several challenges in Peru's public procurement. 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  |  Indicator Signatory of the 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, last amended in May 2008

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator 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

PERU

Since June 2009

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Peru is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

PERU

Since May 1996, last amended in January 2021
Since December 1993

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright Law Legislative Decree No. 822 (Ley sobre el Derecho de Autor Decreto Legislativo No. 822 )

Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina No. 351 - Régimen Común sobre Derecho de Autor y Derechos Conexos)
Peru has a copyright regime under the Decree No. 822. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 41-51 list the exceptions, which include the reproduction by reprographic means for teaching or examination purposes in educational institutions and the reproduction of a work for judicial or administrative proceedings, to the extent justified by the purpose to be achieved, among others.
Moreover, Peru is a member of the Andean Community of Nations and is subject to Decision 351, issued in 1993. Art. 22 of the Decision sets forth a list of mandatory exceptions in the internal market but also allows the adoption of additional exceptions in the domestic law of members, as long as they comply with the international standards of the so-called three-step test.
Coverage Horizontal

PERU

Reported in 2022, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Peru. It is reported that pirated and counterfeit goods remain widely available in Peru, and right holders cite particular concerns regarding internet piracy and illicit recordings in cinemas.
Coverage Horizontal

PERU

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Peru has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

PERU

Since July 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Peru has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
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ITA: [{"meta_value":"0.50"}]

PERU

ITA signatory? I II

PERU

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the 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

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