Legislative Decree No. 1391 on the Simplification of the Procedures referred to in the Laws Dealing with INDECOPI and Specifying the Powers, Regulations and Functions of INDECOPI was promulgated by the President on August 4, 2018 and entered into force on August 5, 2018.
This legislative decree makes modifications to the Law on the Law on Repression of Unfair Competition (approved by Legislative Decree No. 1044), to Copyright Law (Legislative Decree No. 822), to Law No. 28131 on Performers, Law on the Organization and Functions of the National Institute for the Defense of Competition and Protection of Intellectual Property Rights - INDECOPI (approved by Legislative Decree No. 1033) and Law on the Powers, Rules and Organization of INDECOPI (Legislative Decree No. 807, as amended up to Law No. 27311).
These modifications relate in particular to: (i) the limitation to 100 working days of the period for establishing evidence started in the context of administrative sanction procedures initiated for acts of unfair competition; (ii) increasing the severity of sanctions in the event of repeated breaches or failure to pay fines imposed for acts of unfair competition; iii) the limitation to 120 working days of administrative procedures initiated following complaints of copyright infringement filed with the Copyright Office; iv) improving the regulatory framework applicable to collecting societies; (v) redefining the concept of "artist"; vi) the application of the sanctions provided for by the legislation on infringements of the rights of performers; and (vii) the clarification and modernization of the powers, regulations and functions of the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI).
