“Current law provides us with the possibility that resolutions approving the payment of expenses and costs become enforceable titles, and could be executed subsequently before the judicial channel by means of a relatively fast procedure”

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We take this opportunity to mention about the granting of expenses and costs by the Peruvian administration, regarding the infringement actions procedure for the undue use of registered brands on behalf of the winner party.

We consider 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, which states the following:

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

From this point we turn to the definition 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, plus a five percent destinated to the Law Bar of the Judicial District for Mutual Fund and to cover the fees of lawyers in Legal Aid cases.

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

Furthermore, as stated in Article 411, it should be noted that it is not apply the percentage allocated to the Bar of the locality where the procedure has been, because for the defense in administrative channel, that is INDECOPI,it is not mandatory the consultancy of lawyers (although it is advisable, due to the specialization of the issues which are aired in that institution).

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

Current law provides us with the possibility that resolutions which approved the payment of expenses and costs, become enforceable titles, that is, they could be executed subsequently before the judicial channel by means of a relatively fastest procedure than the most judicial cases (just 5 months approximately).

For this reason, we must take special care about the filing documentation, it have to be very specific 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 and it could  be guaranteed, in consequence, with the 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 the reasons which explain the aforesaid mentioned division before the Peruvian administration, in order to prove the requirement stated by the 418 of the procedural code, which states :

Article 418.- Origin of the costs.- To enforce the paymentof the costs, the winner must accompany the indubitable and duly dated 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 are interested in referring to two precedents which the Peruvian trademark administration issued concerning these matters. In a resolution approved a settlement of $ 8,202.00 for expenses and $280 for costs (Res. 1957-2012/CSD-INDECOPI). In another settlement was approved the amount of $ 1,668.75 for expenses and$110.00 for costs (Res. 1951-2012/CSD-INDECOPI).

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

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