Morality in trademark law in Peru: An approach to legal and jurisprudential protection

Paredes Alipio K.J.; Cárdenas García B.S.; Lozano-Ramirez Z.C.; Durand-Azcárate L.A. · Revista de Ciencias Sociales (2024) · DOI: 10.31876/rcs.v30i4.43042

Resumen

In Peru, trademark registration has presented controversies in the assignment of symbols, logos or words that reveal morality as a requirement for the exercise of social ethical customs, often due to the lack of clarity in the laws and in the indeterminate legal concepts present in the norms. For this reason, the present article aims to present, through the method of hermeneutic documentary analysis, a contribution on the disputes that have been arising in this regard, seeking to generate contributions to the morality clause in the framework of Peruvian trademark law. The findings allowed to determine that the legislation of Peruvian law on trademark registration is not completely updated, therefore, indeterminate legal concepts are used by the institution assigned for this purpose, as demonstrated by the iconic cases that have occurred in recent years in the country. In conclusion, the new generations of entrepreneurs and buyers of commercial products and services demand the updating of the legal and protocolary provisions of registration, application, use and advertising of trademarks. © (2024), (Universidad del Zulia). All rights reserved.

Instituciones: Universidad Privada Antenor Orrego; Universidad Privada del Norte