Peru

In Peru, the main Intellectual Property Rights (IPRs) applicable to the fashion industry are trademarks, industrial designs, copyright, trade secrets, domain names, and, in some cases, patents. Each offers different durations, grant procedures, and advantages or limitations when protecting creations in the fashion industry.

In Peru, trademark protection is governed by Decision 486 of the Andean Community and Legislative Decree 1075 and is administered by the National Institute for the Defense of Competition and Protection of Intellectual Property (INDECOPI). Both traditional trademarks (word trademarks, figurative trademarks, and mixed trademarks) and non-traditional trademarks can be registered, such as:

• Color trademarks. Colors defined by a specific shape (for example, Tiffany Blue color by Tiffany & Co., the red soles of Louboutin shoes, Hermès orange on rectangular boxes).
• Three-dimensional trademarks. The three-dimensional shape of a product (for example, the clog-shaped shoe with perforations by Crocs, the Lady Dior handbag by Christian Dior).
• Position trademarks. Protects a specific element placed in a particular location on the garment (for example, the red label sewn on the back pocket of jeans by Levi’s).
• Pattern trademarks. This category does not exist in Peru; however, repetitive patterns applied to textiles or accessories are usually filed and registered as figurative trademarks.

In Peru, unregistered trademarks have limited protection through good-faith prior use or unfair competition actions (Article 137, Decision 486), but strong evidence of continuous use is required; thus, registration is always recommended.

When an article is described as “Made in”, this is not an intellectual property right but a mandatory labeling rule. The Andean Technical Regulation for footwear, leather goods, travel items, and similar products requires the indication of the country of origin in order to prevent confusion and highlight the authenticity of Peruvian goods such as alpaca or Pima cotton garments.

Recently, non-traditional trademark registrations in fashion — three-dimensional, pattern, and position marks — have increased, reflecting the growing relevance of protecting distinctive aesthetics.

In the fashion industry, industrial design protects the aesthetic appearance of products, such as distinctive cuts, shapes, patterns, or details in garments, footwear, handbags, and accessories. It can serve as an alternative or complement to trademarks — protecting a product’s form alongside its brand. For instance, a luxury handbag may register its logo as a trademark and its shape as an industrial design for broader protection. Its advantage lies in safeguarding visual aesthetics, though its main limitation is a non-renewable 10-year term.

In the fashion industry, copyright protects original works fixed in tangible form, such as sketches, prints, or photos. Although registration is not mandatory, it proves authorship. Protection applies to original, creative, and tangible works. It may complement or replace trademarks — for instance, an original textile pattern may be copyrighted while a handbag logo is trademarked. Protection is automatic, lasting for the author’s life plus 70 years, but excludes ideas or functional designs.

In Peru, there are other relevant intellectual property rights in the fashion industry:

• Invention patents and utility models. These protect technical innovations like smart fabrics, special fibers, or footwear which incorporates technology. Protection applies only to functional aspects, lasting 20 years for inventions and 10 for utility models, both requiring registration. This protection is more common for technological or sustainable textiles.
• Geographical indications and designations of origin. None of these indications or designations are registered for garments or accessories in Peru, though they can add value — e.g., Harris Tweed (Scotland).
• Trade secrets. These cover confidential data such as production methods or supplier lists, provided confidentiality is maintained. No registration is required, and protection is indefinite.
• Domain names. These protect the digital identity of fashion trademarks.

License agreements

In Peru, trademark licensing agreements are fundamental to the manufacture of fashion goods. Article 162 of Decision 486 authorizes the owner of a registered or pending trademark to grant licenses for its use to third parties. In practice, this occurs when, for example, an international brand allows a local textile manufacturer to produce and market garments bearing its distinctive signs and designs. Essential clauses include territorial delimitation, term of validity, royalty payments, quality standards, owner supervision mechanisms, and a prohibition on reselling surplus or excess production, ensuring that the licensee uses the trademark only under the agreed terms and without affecting its prestige.

Non-disclosure agreements (NDAs)

Non-disclosure agreements (NDAs) are widely used in the Peruvian fashion industry when brands share sensitive information — such as designs, patterns, or unpublished catalogs — with local manufacturers. Under Decision 486 and the Unfair Competition Law, such information is protected as a trade secret. Accordingly, NDAs typically define what is considered confidential, the duration of confidentiality, restrictions on disclosure or unauthorized use, prohibitions on producing surpluses or copies, required security measures, and the legal consequences or compensation for any breach, in line with civil law provisions.

Subcontract agreements with suppliers/in-house manufacturing

Supply contracts are widely used in the textile sector and are governed by the Civil Code (Articles 1604–1620) and relevant sectoral regulations. They typically cover delivery times, quality standards, compliance audits, ownership of patterns and designs, and liability for defects. These agreements also include labor clauses to ensure formal compliance and prevent illegal practices, as well as setting out termination mechanisms and financial penalties for breach. A key provision requires that any subcontracting be previously and expressly authorized by the main contractor, ensuring control over the production chain and final product quality.

Agency agreement

Peru has no specific law on agency contracts or indemnity. However, indemnity can be agreed through an express clause in the contract defining the events or losses covered. In the absence of specific rules, agency agreements are governed by the general principles of the Civil Code.

Selective distribution online in high-end fashion and trademark protection

In high-end fashion, selective distribution agreements often include clauses restricting authorized points of sale (including online) to preserve brand image. An example in the Peruvian market is the luxurious international brand Louis Vuitton, which maintains a selective distribution scheme by marketing its products only through its official store in Jockey Plaza, operated by Louis Vuitton Peru S.R.L., thus ensuring direct control of its sales network and protecting its brand from unauthorized channels.

Co-branding and co-marketing

Co-branding and co-marketing agreements are commercial contracts that regulate shared brand use and joint promotions. They usually include clauses on royalties, quality control, coexistence, and termination for reputational harm, protecting each party’s image. A notable example is the adidas–Los Mirlos collaboration, which launched a collection inspired by Amazonian culture, highlighting co-branding’s value as a marketing strategy.

Franchising and alternative sales model agreements

In Peru, franchising is configured as an atypical contract and is governed by the general principles of contracts regulated by the Civil Code, in which the franchisor grants the franchisee the use of its brand and know-how in exchange for royalties. These agreements, like corner store agreements, consignment contracts, and pop-up stores, must include key clauses such as confidentiality, non-competition, quality control, audits, periodic royalties, commercial image, product returns, settlement terms, and early termination for breach, in addition to establishing mechanisms to protect against reputational damage. The purpose of these clauses is to ensure the consistency of the business model, protect the brand’s prestige, and guarantee transparency in the commercial relationship.

Payment models vary: consignment involves sales commissions; multi-brand stores share rent or revenue; and fairs or pop-ups charge fixed or commission-based fees.

Employing fashion models

In the Peruvian fashion industry, contracts with models are generally executed as independent service agreements rather than employment contracts, depending on the brand–model relationship. They usually include clauses on image rights, defining the authorized use of photographs and videos, duration, territory, payment, and confidentiality. It is also common to sign model release forms authorizing the use of the model’s image in print, digital, or social media campaigns, protecting the company from future claims and ensuring compliance with Peruvian image rights and advertising regulations.

Social media, influencers and brand ambassadors/celebrities

In Peru, contracts with influencers, brand ambassadors, or celebrities must clearly establish the duration of the campaign, financial compensation, publication obligations, exclusivity terms, conduct standards, ownership of the content generated, and termination clauses in case of breach or reputational damage. It is also essential to specify how and for how long the influencer’s image may be used, ensuring compliance with personal data protection regulations.

These provisions apply not only to social media campaigns but also to product promotion in pop-up stores, where physical and digital interactions converge to strengthen brand visibility and consumer engagement.

Advertising standards, relevant authorities and advertising practice

In Peru, fashion advertising must comply with INDECOPI’s standards of truthfulness and the Consumer Protection Law, avoiding misleading information about products, while advertising contracts include clauses on content approval, supervision, responsibilities, and reputation protection. In addition, influencers must clearly indicate when their content is advertising or sponsored and declare their income to the Customs Authority (SUNAT), complying with applicable taxes, ensuring transparency for consumers and tax compliance.

Consumer protection in the fashion industry aims to ensure that products are suitable, safe, and provide sufficient information for an informed purchasing decision, under the principle of interpretation most favorable to the consumer. A consumer is considered to be any natural or legal person who purchases goods as the end user, except those who do so for commercial purposes, with the exception of micro-entrepreneurs in a situation of information asymmetry. Sanctioning procedures may be initiated by complaint, ex officio, or by legitimate associations.

The Consumer Protection and Defense Code establishes that the right to information obliges suppliers to provide accurate, clear, and Spanish-language information on materials, sizes, origin, care, total price, additional costs, and return policies. Failure to comply, such as advertising “organic” garments that are not organic, constitutes a violation. Suitability requires that what is offered corresponds to what is received, without the need for permits or authorizations.

Overall, the law requires transparency, responsibility, and foresight, as failure to comply results in administrative penalties and affects consumer confidence, which is essential in the fashion industry.

Intellectual property regulations do not expressly protect store layout as an independent right. The Copyright Law (Legislative Decree No. 822) covers original architectural and design works, but focuses on plans and buildings rather than interior layouts. Under Andean Decision 486, three-dimensional, position, and trade dress marks may be protected if distinctive and non-functional, allowing store design elements to qualify when they create a unique identity.

In digital commerce, there are no specific rules for virtual store layouts, though original interface designs may receive copyright protection. The Unfair Competition Law also penalizes imitation of physical or digital business appearances that mislead consumers.