WILMap: Peru

LEGISLATION

Free Trade Agreement (FTA) between Peru and the United Sates, signed on April 12, 2006 (Chapter 16, Intellectual Property Rights, Art. 16.11, 29. Limitations on Liability for Service Providers)
 
[(1) This FTA has miscellaneous rules concerning IP Rights and ISP Liability, which resemble closely to the US DMCA provisions. However, the national implementation of intermediate liability rules for services providers is still pending with no clear schedule. (2) This Agreement also includes a side letter with particular rules regarding the information that notifications must include.]
 
 
[providing that (1) no authority or private party may authorise the use of a copyrighted work or any other work protected under Copyright Law or assist in its use if the user doesn’t have previous and written authorization from the copyright holder, except in the cases established by law, under risk of solidarity liability (article 39); (2) the owner, conducer or representative in charge of establishments where copyrighted works are communicated will answer in solidarity with the event’s organiser for any infringement that may happen on those premises (article 116)].
 
Andean Community Decision No. 351, December 17, 1993, Common Provisions on Copyright and Neighboring Rights
 
[This decision does not specifically establish provisions regarding intermediary liability on the Internet. However, Article 54 may find application in this context, where it states that “No authority or person, whether natural person or legal entity, may authorize the use of a work, performance, phonographic production or broadcast, or endorse his support to such use, if the user does not have the express prior authorization of the owner of the rights or his representative. In the event of non-compliance, that entity or person shall be jointly liable.” This is a Community legislation covering Colombia, Ecuador, Peru and Bolivia.]
 
 
[establishing that: (1) anyone who through his fault or negligence causes damage to another is obliged to repair the damage (article 1969); (2) that liability may also extend to anyone who incited or helped to commit the damage, whose level of responsibility will be determined by a judge (article 1977); (3) if several persons are determined to be liable for a damage they will respond in solidarity (article 1983)].

BILLS AND PENDING PROPOSALS

[On late 2012, Peruvian Government announced its intention to regulate into national law the intermediate liability provisions from the FTA with United States. However, this process was later stopped without clear outcomes or proposals.]
 
 
[Peru is participating in the negotiation of an international agreement including a section on Internet service provider liability, with countries lining up either in favour of a general notification obligation or a notice-and-takedown system with the prospect of terminating subscriber Internet access and content blocking.]

DECISIONS

Superior Courts

[There are currently no known cases that have been brought before the courts on the issue of intermediary liability.]
 

Lower Courts

[There are currently no known cases that have been brought before the courts on the issue of intermediary liability.]

OTHER RESOURCES

Comisión de Derechos de Autor del Instituto Nacional de Defensa de la Competencia y la Propiedad Intelectual [Peruvian Copyright Administrative Authority at the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI)]
Hiperderecho, www.hiperderecho.org 

CONTRIBUTORS

Miguel Morachimo
Director, Hiperderecho, Peru
Email: miguel at hiperderecho.org

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