The owner of a right protected in Peru may bring a complaint due to infringement against any person infringing its right. The plaintiff may request the Administrative Authority to carry out investigations in order to prove the infringing act and to order to take immediate precautionary measures in order to avoid the infringement, to avoid consequences, to obtain or keep proofs, or to secure effectiveness of action or compensation of damages. Infringement action will prescribe two years counted from the date the owner was aware of the infringement or five years counted from committing the infringement for the last time.

Enforcing disposition:
- Articles 238 and 249 of Decision 486, Common Regime of Industrial Property, of the Andean Community Commission.


Requirements for filing and infringement action:
- Name of the right holder.

• A duly legalized Power of Attorney wherein the signatory representation must be certified.
• Proofs evidencing the infringement and allowing individualization of the infringer (infringing product with its corresponding voucher).
• Voucher proving the payment of the corresponding rate.

Remarks
The plaintiff will be responsible by the damages caused to the supposed infringer, in case of complaints based on false facts and proofs.