WIPO ADR Stories: Peru — Indecopi Promotes Conciliation with the Support of the WIPO Arbitration and Mediation Center

A change that opens new doors

In Peru, trademark disputes have traditionally been resolved by the intellectual property authority, the National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi), through its Commission on Distinctive Signs. These procedures, often complex and with several administrative stages, usually concluded with a ruling that determined a winner and a loser. Sometimes the dissatisfied party continued the battle before the Judiciary, prolonging the conflict for several years.

pe-indecopi-story — (photo: pexels/SoraShimazaki)

Although the legislation already allowed conciliation hearings to be convened, the country's legal culture – more inclined towards traditional litigation – made these a rare exception. In practice, they were only carried out if both parties expressly requested it.

With a growing demand for cases and limited resources, the system needed a change. The aim was for a more agile and efficient mechanism, which would focus on the parties and offer them fast, collaborative and sustainable solutions.

The impetus for a new strategy: the Conciliation Program

In 2024, Indecopi took a decisive step by launching theDistinctive Sign Reconciliation Program. The objective was clear: to systematically integrate alternative dispute resolution (ADR) methods into intellectual property proceedings.

To achieve this, Indecopi established a collaboration with the WIPO Arbitration and Mediation Center (WIPO Center) through a Memorandum of Understanding. This partnership made it possible to implementWIPO's Co-Administration ADR Program in Peru, adapting it to local needs and combining international experience with knowledge of the national context.

A step-by-step implementation, with global support

The first phase of the program focused on three axes:

Awareness-raising: The WIPO Center and Indecopi promoted campaigns to raise awareness of ADR methods as efficient alternatives to litigation processes. The message was simple but powerful: the parties can resolve their differences without wasting time or resources.
Training: Indecopi staff received specialized training from the WIPO Center to conduct conciliation hearings effectively, helping the parties to find mutually beneficial solutions.
Digital platform: The WIPO Center made its online case management system available, enabling secure and efficient virtual hearings, and streamlining case management.

Inspiring results

The first cases processed under the ADR Co-administration Program have shown concrete results: agreements reached in short times, consensual solutions and the possibility of avoiding long administrative or judicial processes.

An emblematic example was the recent case between two Trade Union Confederations of workers confronted by a trademark dispute. Thanks to the program, what naturally would have been a litigation between two union bases capable of lasting overtime and with great media exposure, became a consensual agreement, transforming a conflict into an opportunity for collaboration. This experience was highlighted by the Peruvian government itself[1], which underlined the innovative nature of the program and the promotion of digital mediation thanks to WIPO's online tools.

A new culture of dispute resolution

Indecopi sees in this program something more than a procedural mechanism: it is an opportunity to consolidate a culture of dialogue, build stronger relationships and open new commercial possibilities in the field of distinctive signs, as well as for copyrights and inventions. The signing of a conciliation agreement is not the end of a dispute, but the beginning of a stage of cooperation.

With this initiative, the intellectual property system in Peru moves towards a more modern model, focused on people and open to collaborative solutions that benefit everyone.