Edited by GRAIN

February, 1998

History: Peru's Industrial Property Law was adopted through Legislative Decree No. 823 and enacted in May 1996.

Provisions until now: The exclusions mimic the wording of the Andean Community's Common Regime on Industrial Property. Patent protection is not available for: ? inventions that are contrary to public policy, morality or proper practice ? inventions that are clearly harmful to the health or life of persons or animals, or to the preservation of plants or the environment ? animal species and breeds and essentially biological processes for creating them ? inventions relating to the material that constitutes the human body and to the genetic identity thereof ? inventions relating to pharmaceutical products that are included on the list of essential drugs of the World Health Organization Special provision is foreseen to eventually protect the knowledge and skills of indigenous and rural communities (see below).

Opposition possibility: Within working 30 days following publication date, any interested party having a legitimate interest may challenge the patentability of an invention. RIGHTS RELATED TO CBD ART. 8(J) Peru's industrial property law is unique in that it carries an organic clause encouraging the state to make special provisions to protect the knowledge and skills of indigenous and rural people:

ART 63: By a Supreme Decree issued on the advice of the Ministry of Industry, Tourism, Integration and International Trade Negotiations, special provision may be enacted for the protection, and where appropriate the registration, of the knowledge and skills of indigenous and rural communities.

SOURCE Peru: Industrial Property Law (Legislative Decree No. 823), in Industrial Property and Copyright, WIPO, Geneva, September 1996.