Peru IP lawyer
Intellectual property protection does not stop at national borders. A trademark registered with the United States Patent and Trademark Office (USPTO) does not automatically enjoy protection in Peru, and a Peruvian patent granted by INDECOPI does not carry force in the United States. Businesses operating across the US-Peru commercial corridor — whether a Virginia technology company expanding into the Andean market or a Lima-based enterprise entering the US — need counsel who understand the IP frameworks of both jurisdictions and can coordinate protection on each side of the border. Mr. Sris, the Owner and Founder of Law Offices of SRIS, P.C., handles the US-side intellectual property work. For the Peruvian-law side, the firm collaborates with Martín Mayandía, Of Counsel for Peru matters. Mr. Mayandía is admitted to practice law in Peru. He is not admitted to practice law in the United States. Reach Law Offices of SRIS, P.C. at (888) 437-7747 to discuss cross-border IP protection for your business.
What Peru-US Cross-Border Intellectual Property Covers
Cross-border intellectual property practice between the United States and Peru involves securing, maintaining, and enforcing IP rights in two distinct legal systems, each with its own registration procedures, enforcement mechanisms, and treaty obligations. Both countries are members of the World Trade Organization and parties to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), administered by the World Intellectual Property Organization (WIPO). Peru is also a member of the Andean Community, whose Decision 486 establishes a harmonized IP regime across Bolivia, Colombia, Ecuador, and Peru. This means a US business seeking trademark protection in Peru must navigate not only Peruvian domestic law but also Andean Community regulations that may differ from the Lanham Act framework familiar to US practitioners.
Common cross-border IP matters include trademark clearance and registration in both countries, patent prosecution before the USPTO and INDECOPI, copyright protection under the Berne Convention framework, trade secret protection where employees or contractors operate across borders, and IP licensing transactions that require enforcement mechanisms in both jurisdictions. A US trademark holder discovering an infringing use in Lima faces Peruvian procedural rules administered by INDECOPI’s Dirección de Signos Distintivos, while a Peruvian patent holder enforcing rights in the US must proceed under US federal patent law. Each side requires counsel admitted in that jurisdiction.
How Mr. Sris and His Of Counsel Network Handle Cross-Border IP Matters
Law Offices of SRIS, P.C. addresses the jurisdictional divide by assigning US-law work to Mr. Sris and Peruvian-law work to the firm’s Peru Of Counsel, Martín Mayandía, with the two sides coordinating on cross-border strategy. On the US side, Mr. Sris handles trademark applications before the USPTO, patent counseling under US law, copyright registration with the US Copyright Office, licensing agreements governed by US law, and US federal IP litigation. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he manages US IP matters from the firm’s Virginia principal location.
On the Peruvian side, Mr. Mayandía handles filings before INDECOPI, opposition proceedings, cancellation actions, and IP enforcement in Peruvian tribunals. Mr. Mayandía is admitted to practice law in Peru. He is not admitted to practice law in the United States. For a cross-border IP matter — such as a US company registering a trademark in Peru while simultaneously protecting its US registration — Mr. Sris and Mr. Mayandía collaborate so that each jurisdiction’s work is performed by an attorney licensed there. This structure preserves the integrity of each country’s bar rules while giving the client coordinated IP coverage. The firm’s Virginia principal location serves as the point of contact for client communications and strategy oversight.
About Mr. Sris and the Law Offices of SRIS, P.C. Of Counsel Network
Mr. Sris, Owner and Founder of Law Offices of SRIS, P.C., founded the firm in 1997. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He manages the firm’s US intellectual property practice and serves as the responsible US attorney for all Law Offices of SRIS, P.C. website content under applicable bar rules. Through the firm’s Of Counsel network, he coordinates with foreign-licensed attorneys to provide clients with cross-border IP coverage that respects the jurisdictional limits of each attorney’s licensure.
Martín Mayandía serves as Of Counsel for Peru matters at Law Offices of SRIS, P.C. Mr. Mayandía is admitted to practice law in Peru. He is not admitted to practice law in the United States. Admitted to the Peruvian bar in 2009, Mr. Mayandía brings substantial experience in Peruvian intellectual property law, including trademark and patent matters before INDECOPI. His collaboration with the firm allows US-based clients to access Peruvian IP counsel without navigating the Peruvian legal market independently. Together, Mr. Sris and Mr. Mayandía bring extensive experience to cross-border IP matters, each working within the jurisdiction where they are licensed.
Frequently Asked Questions
Do I need separate trademark registrations in the US and Peru?
Trademark rights are territorial, meaning a US trademark registration does not automatically confer protection in Peru, and a Peruvian registration does not confer protection in the United States. A business operating in both markets should pursue registration in each country. In the US, registration proceeds through the USPTO under the Lanham Act. In Peru, registration proceeds through INDECOPI under Andean Community Decision 486 and Peruvian domestic law. Mr. Sris handles the US registration, while Martín Mayandía, the firm’s Peru Of Counsel, handles the Peruvian filing. The two attorneys coordinate on strategy — for example, ensuring that the mark’s description and classification are consistent across both jurisdictions where possible — but each filing is prepared and prosecuted by the attorney licensed in that country.
How does the Andean Community affect IP protection in Peru?
Peru is a member of the Andean Community, whose Decision 486 establishes a common intellectual property regime that applies across all member states, including rules on trademark registrability, patentability, and enforcement. This means that certain IP standards in Peru are governed by supranational Andean law rather than purely domestic Peruvian legislation. For a US business, understanding the Andean framework is important because it may affect the scope of protection available in Peru and the procedures for challenging or enforcing IP rights. Martín Mayandía, as the firm’s Peru-admitted Of Counsel, provides guidance on how Andean Community IP rules apply to a client’s specific matter. The Andean regime is administered in part by the Andean Community and in Peru by INDECOPI.
What should I do if someone is using my trademark in Peru without authorization?
If your trademark is being used without authorization in Peru, you have enforcement options through INDECOPI, including opposition proceedings if the mark is pending registration, cancellation proceedings if it is already registered, and infringement actions for unauthorized commercial use. The first step is to determine whether you hold a Peruvian trademark registration, because enforcement rights in Peru are primarily based on registration, not on use in commerce as they may be under US common law. If you do not hold a Peruvian registration, you may need to file for one while simultaneously challenging the unauthorized use. Mr. Mayandía handles these proceedings before INDECOPI. On the US side, if the infringer also has a US presence, Mr. Sris can advise on US enforcement options. Contact Law Offices of SRIS, P.C. at (888) 437-7747 to discuss your specific situation.
Can a US patent be enforced in Peru?
A US patent is not directly enforceable in Peru; patent rights are territorial, and enforcement in Peru requires a Peruvian patent granted by INDECOPI. However, international treaty frameworks — including the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT), both administered by WIPO — allow an applicant who files in one member country to claim priority when filing in another within specified timeframes. This means a US patent applicant can use the US filing date as the priority date for a Peruvian application if filed within the convention period. The Peruvian application must still satisfy Peruvian patentability requirements as applied by INDECOPI. Mr. Sris coordinates the US-side patent strategy while Mr. Mayandía manages the Peruvian prosecution.
How do I protect trade secrets when working with Peruvian contractors or partners?
Trade secret protection across the US-Peru border requires contractual safeguards in both jurisdictions, because the legal frameworks for trade secret protection differ between US federal and state law and Peruvian law under Andean Community rules. A well-drafted agreement should include choice-of-law and forum-selection provisions, confidentiality obligations that are enforceable under both legal systems, and remedies that are available in each jurisdiction. In the US, trade secrets are protected under the federal Defend Trade Secrets Act and state laws such as the Virginia Uniform Trade Secrets Act. In Peru, trade secret protection falls under Decision 486 of the Andean Community and Peruvian domestic provisions. Mr. Sris drafts the US-law components, and Mr. Mayandía reviews the agreement for enforceability under Peruvian law.
Does Peru recognize US copyright registrations?
Under the Berne Convention for the Protection of Literary and Artistic Works, to which both the United States and Peru are parties, copyright protection is automatic and does not require formal registration in each country. A work created in the US is protected in Peru without the need to register with Peruvian authorities, and vice versa. However, registration with the US Copyright Office provides important benefits for US enforcement, including the right to sue for infringement in US federal court and eligibility for statutory damages. In Peru, registration with INDECOPI’s copyright office can similarly aid in proving ownership in Peruvian enforcement actions. Contact Law Offices of SRIS, P.C. at (888) 437-7747 to discuss whether registration in one or both countries serves your interests.
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Law Offices of SRIS, P.C. attorneys are admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm collaborates with foreign-jurisdiction Of Counsel attorneys on matters involving foreign law. No attorney in the firm or its Of Counsel network practices law in a jurisdiction where they are not admitted.
Attorney responsible for this content: Mr. Sris (admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York). Law Offices of SRIS, P.C. is a US law firm. Foreign attorneys collaborating with the firm are not admitted to the practice of law in any US state and their work is limited to matters of foreign law and to liaison roles with US-licensed attorneys.
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This content discusses general principles of cross-border legal practice and does not constitute legal advice for any specific matter. Cross-border legal questions depend on the specific facts, jurisdictions involved, and current law in multiple countries. Consult an attorney licensed in the relevant jurisdiction before taking any action. All firm locations are by appointment only.
Mr. Sris, Owner and Founder, Law Offices of SRIS, P.C., is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Martín Mayandía, Of Counsel, is licensed in Peru and is not admitted in any US state bar. Practice with Law Offices of SRIS, P.C. is limited to matters of Peruvian law and liaison roles with US-licensed attorneys at the firm.