Peru

PVP Office Contact Information

National Institute for the Defense of Competition and
the Protection of Intellectual Property (INDECOPI)
Directorate of Inventions and New Technologies (DIN)
Calle De La Prosa 104
San Borja
Lima
Peru

Tel. (+511) 224-7800

National application form: https://www.gob.pe/institucion/indecopi/informes-publicaciones/5472520-formato-din-07(see Formato-DIN-07-Solicitud de Certificado de Obtentor)

For inquiries and requesting additional documents as other applicants and/or other breeders you can send an email to:squinteros@indecopi.gob.pe

Specific requirements in relation to UPOV PRISMA

Are there any specific requirements in relation to UPOV PRISMA that are not required when filing an application directly to the PVP Office?

There is no need to send any paper documents when application is filed through UPOV PRISMA.

Application data

Will I receive confirmation that my application data has been received successfully?

Upon receipt of the application by UPOV PRISMA that meets the minimum requirements, including the national application form and payment of the fee, the applicant will be notified of the successful receipt of the application, using the address in Peru provided in the national application form, indicating the filing date and the application number.

If the application submitted is incomplete, the applicant will be notified that the application will not be given a filing date until the minimum requirements have been met.

Plant Material

When applicable, where should I send the plant material?

Just in case of DUS examination will be conducted by the Technical Competent National Authority (SDRIA-INIA), at the time they request, plant material sample must be sent to the Directorate of Inventions and New Technologies(DIN), at INDECOPI, located at Calle de Calle de la Prosa 104, San Borja, Lima, Peru.

Please note that according to the legislation in Peru, the owner of a variety registered, has the obligation to maintain and replace the living sample of the protected variety throughout the validity of the plant breeder's Certificate.

The location of the living sample must be reported when submitting the application or at the request of SDRIA-INIA. The conservation of the living sample of the protected plant variety could be carried out by:

a national or foreign scientific institution;
a scientific institution in an Andean Community of Nations Member Country;
a third party that has PVP legislation in force; or
with the breeder.
The presentation of an affidavit, written in Spanish, certifies the deposit of the live sample in one of the above pointed.

The model of the affidavit can be found in Annex I of Resolución Jefatural N.° 0127-2021-INIA: https://www.gob.pe/institucion/inia/normas-legales/2613079-0127-2021-inia

Payment

How and when do I pay the PVP application fee?

The fee must be paid when filing the application. Please contact the PVP Office (INDECOPI) or consult the INDECOPI Website for the amount of the application fee(s).
In order for an application to be accepted for processing, in addition to the mandatory information, proof of payment of the application fee(s) must be provided. If proof of payment is not submitted, the applicant will be invited to provide proof of payment within two working days.

The payment must be in Peruvian soles and indicate the application number and the name of the applicant. It can be made to:
Banco de Crédito del Perú (BCP) in Peruvian soles (PEN):

NUMBER: INDECOPI
RUC (tax) No.: 20133840533
ACCOUNT NUMBER: 193-1161125-0-34
INTERBANK CODE: 002-193-001161125034-18
SWIFT CODE: BCPLPEPL

Págalo.pe in Peruvian soles (PEN)

https://pagalo.pe/ crediting the corresponding payment to the account of INDECOPI
Code 202000650 – Breeder’s Certificate

Will I receive confirmation that the payment has been received?

The applicant will receive confirmation when the application is accepted for processing using the address in Peru provided in the national application form; this confirmation also indicates that the payment has been received and accepted.

Agent / Local Representative

Do I need an agent or local representative in the country, if I am not a resident?

No. However, the applicant must provide an address in Peru where all notifications concerning the application must be sent.

UPOV PRISMA Note: Agents that have already created an AGENT Account in UPOV PRISMA can indicate the territories in which they operate. Those agents will appear in a list. In cases where agents need to be accredited by the PVP Office, the agents will only be added to the list of agents available in UPOV PRISMA after the PVP Office has confirmed that the necessary accreditations have been given.

Filing Date

What is considered to be the filing date? (Note: For instance, are there any documents that the applicant must submit to the PVP offices in addition to the application form in PRISMA and the documents required in the application form in PRISMA. If so, please indicate such documents. Are there any documents that the applicant must send in paper format to the PVP Office. If so, please indicate such documents.)

The filing date is considered to be the day on which we receive the application by UPOV PRISMA, together with the mandatory requirements, including proof of payment of the application fee.

If any of the mandatory requirements are not met on the day the application is submitted, the actual day of filing of the missing information will be considered to be the filing date.

UPOV PRISMA Disclaimer: The authority entrusted with the task of granting breeders’ rights (PBR authority) retains full responsibility in relation to the requirements concerning the filing date of applications in accordance with the legislation of the member of the Union concerned.

Dates for submission

For testing or plant material purposes, are there dates for the submission of applications?

Applications may be submitted at any time.

Additional requirements

Are there any additional requirements?

No additional requirement had been notified to UPOV PRISMA at the time of issuing this information [March 2025] but please consult the PVP Office (INDECOPI) for the latest situation.

For further information on filing a national application form for a breeder’s right, please contact us at the following address: :squinteros@indecopi.gob.pe or visit the following link:

https://www.gob.pe/institucion/indecopi/informes-publicaciones/5410982-tupa-direccion-de-invenciones-y-nuevas-tecnologias-2024-indecopi See “DIN.19 Certificado de Obtentor”