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Trade
Compliance Center PERU
MOU ON IPR MEMORANDUM
OF UNDERSTANDING BETWEEN THE
UNITED STATES OF AMERICA AND THE REPUBLIC OF PERU
The
Government of Peru confirms that under its legal system all
international obligations are of equal stature, and that if there is a
conflict between two international obligations, the obligation that was
accepted later in time will control. For examples, if there is a
conflict between a provision in Andean Pact Decision 344 and Peru's
existing obligations under the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS Agreement), such as the so-called
standstill obligation in Article 65.5, the TRIPS Agreement obligation
will control because it was accepted by Peru later in time than Peru's
acceptance of Andean Pact Decision 344.
To prevent
such conflicts, the Government of Peru has proposed the following
amendments to Legislative Decree No. 823:
- delete
Article 43;
- delete
Article 28 (e);
- delete
Article 27(b) and replace with a provision consistent with Article
27(3)(b) of the TRIPS Agreement; and
- replace
the second sentence in Article 71 with; "Use shall also be
understood as the import, along with the distribution and marketing of
such products."
The
Government of Peru will introduce, such amendments to Congress by August
15, 1997, and undertake best efforts to seek their passage by September
30, 1997:
In the
interim, the Government of Peru will issue a Supreme Decree Implementing
Legislative Decree No. 823 in a manner consistent with Peru's current
obligations under the TRIPS Agreement. That Supreme Decree will include
the following provisions:
Article 1-
The limitation in paragraph b) of Article 27 of Legislative Decree No.
823 includes only plants and animals. Microorganism and processes
involving materials which exist in nature or replicas of the same are
not included in such limitations and thus could be considered
inventions.
Article 2
-The limitation established in paragraph d) of Article 27 of Legislative
Decree No. 823 does not include inventions related to or making use of
computer programs or software.
Article 3
- The limitation established in paragraph e) of Article 28 of
Legislative Decree No. 823 does not include pharmaceutical products that
comply with the requirements established in Article 22 of Legislative
Decree No. 823.
Article 4
- To clarify Article 43 of Legislative Decree No. 823 of a different use
from that found in the state of art will be the object of a new patent
if it complies with the requirements established in Article 22 of
Legislative Decree No. 823.
Article 5
- Consistent with Article 71 of Legislative Decree No. 823, importation
of a patented product, as well as importation of a product produced
through the use of a patented process, will be sufficient to meet market
demand for such product. Upon Peru's issuance of the Supreme Decree, all
intellectual property rights-related impediments to Peru's eligibility
for the Debt Swap/Buyback Program will have been resolved. The United
States and Peru look forward to a continuing dialogue on the improvement
of intellectual property rights.
Done on
May 23, 1997, in Washington D.C.
Karen
Lezny Director
for Andean Affairs and Free Trade Areas of the Americas Office of the United States Trade Representative Fritz
DuBois Freund Chief of
Staff The
Ministry of Economy and Finance The TCC
offers these agreements electronically as a public service for general
reference. Every effort has been made to ensure that the text presented
is complete and accurate. However, copies needed for legal purposes
should be obtained from official archives maintained by the appropriate
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