“Current lawprovides us with the possibility that resolutions approving the payment ofexpenses and costs become enforceable titles, and could be executedsubsequently before the judicial channel by means of a relatively fastprocedure”

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We takethis opportunity to mention about the granting of expenses and costs by thePeruvian administration, regarding the infringement actions procedure for theundue use of registered brands on behalf of the winner party.

Weconsider appropriate to carry out a brief explanation of the terms “expenses”and “costs”, under the supplementary application of the rules of the Civil Procedure code, whichstates the following:

First.- The provisions of thisCode apply additionally to other procedural rules, whenever they are compatible with their nature.

From this point we turn to thedefinition of costs and expenses entered in the Peruvian Civil Procedure Code.

The costs are the court fees, fees for legal aid bodies and other legal costs incurredin the process.

Costs are the attorney's fee of the winning party, plusa five percent destinated to theLaw Bar of the Judicial District for MutualFund and to coverthe fees of lawyers in Legal Aid cases.

In this case, we understoodthat references to the judiciary (word "court") are related the ADMINISTRATION, example: in the case of "legal fees" is meant "administrativefees" and so on.

Furthermore, as stated in Article 411, it should be noted that it is not apply the percentageallocated to the Bar of thelocality where the procedure hasbeen, because for the defensein administrative channel, that is INDECOPI,it is not mandatory theconsultancy of lawyers (although it is advisable, due to the specialization of theissues which are aired in that institution).

With this legal framework we can make a usefuldefinition for the purposes ofthe present disclosure, the expenses are related with all the charges such as: lawyer professionalfees, operating expenses etc.; while “costs” means the government fees oradministrative fees and so on charges incurred in the procedure.

Currentlaw provides us with the possibility that resolutions which approved the paymentof expenses and costs, become enforceable titles, that is, they could beexecuted subsequently before the judicial channel by means of a relatively fastestprocedure than the most judicial cases (just 5 months approximately).

For this reason, wemust take special care about the filing documentation, it have to be veryspecific regarding the existence and value of the costs and expenses, as this willlead to a title that will be easily enforceable before the judicial channel andit could  be guaranteed, in consequence, withthe precautionary measures contemplated in the procedural law.

In the case of taxes, which have been paid inparts, it must be enclosed the documentations which support it as well as thereasons which explain the aforesaid mentioned division before the Peruvianadministration, in order to prove the requirement stated by the 418 of theprocedural code, which states :

Article 418.- Origin of the costs.- To enforce the paymentof the costs, the winner must accompany the indubitable and dulydated document which proves the payment, as well as the corresponding taxes. Based on the documents submitted, the judge will approve the amount.

This is another requirement that must be taken into account to make the payment of costs and expenses, as it clearly prevents anyone can invent ghost costs, withoutthe real payment of fees.

We areinterested in referring to two precedents which the Peruvian trademarkadministration issued concerning these matters. In a resolution approved a settlementof $ 8,202.00 for expenses and $280 for costs (Res. 1957-2012/CSD-INDECOPI). Inanother settlement was approved the amount of $ 1,668.75 for expenses and$110.00 for costs (Res. 1951-2012/CSD-INDECOPI).

The payment ofexpenses and costs is a useful tool for those users who have incurred in highcosts to claim the protection of their intellectual property rights, allowing thereimbursement of expenses that it should not be incurred if the offenders willrespect the rights granted by the administration.

Finally, it is necessary to recognize the value of these toolsgranted to entrepreneurs trademark owners by means of the DL No. 1075, current intellectualproperty Peruvian law, allowing to recover the amount spent on the protectionof their intellectual property rights through a procedure that will ensure thejudicial enforcement, with all advantages such as: recovery of the amount andthe possibility of   seize or sequester goodsof the offenders, if they would not pay the debt in cash.