Indecopi disseminates information on public issues to be assessed through Regulatory Impact Analysis by 2024

Indecopi in Peru has played a significant role in the analysis of the regulatory framework for public issues, most notably through its work on regulatory impact assessment (RIA), which is understood as a process used to examine and determine the possible consequences of a proposed regulation prior to its implementation. This also includes identifying public problems, evaluating regulatory alternatives, and anticipating potential economic, social and environmental impacts.

The entity has addressed information on the public problems of its competence for this 2024, which will be evaluated under the scope of the AIR Regulatory Impact Analysis (Ex Ante), this tool, with an iterative and systemic approach, facilitates the evaluation of public problems, which enables a range of analysis to support decision making through solid evidence.

This implementation of the AIR Ex Ante is the result of a major reform aimed at improving the quality of regulations in Peru, which has its antecedents in the recommendations of the Organization for Economic Co-operation and Development (OECD).

Any initial information can be refined, enriched or strengthened through the use of additional evidence, further analysis and informative input from the participants during the assessment process. In addition, the technical and evidence-based assessment of the different proposed solution options will facilitate the selection of the most beneficial alternative for society, whether it involves regulation or not.

In particular, the Trademark Office has carried out a thorough and structured examination to recognize, assess and quantify, through concrete evidence, the potential effects of various options for resolving a public interest problem, with a view to reaching an equitable solution in favor of the community.

Some of the most common challenges faced by INDECOPI include:

• Anti-competitive practices: INDECOPI works to detect and combat business practices that distort competition in the market, such as abuse of dominant position, cartels and other anti-competitive behavior.
• Consumer protection: The institute is responsible for safeguarding consumer rights, investigating and sanctioning unfair commercial practices, misleading advertising, commercial fraud and other abuses against consumers.
• Intellectual property protection: INDECOPI works to protect intellectual property rights, including patents, trademarks, copyrights and industrial designs, combating piracy and plagiarism, and promoting innovation and creativity.
• Commercial dispute resolution: The institute provides dispute resolution mechanisms to resolve commercial disputes between businesses, as well as between businesses and consumers, in an efficient and fair manner.
• Promotion of competition and innovation: INDECOPI promotes competition and innovation in the Peruvian economy by implementing policies and programmes that foster a dynamic and competitive business environment.

These public issues were included as a topic of the Early Sector Agenda 2024, which was approved and published by the Presidency of the Council of Ministers, through Ministerial Resolution N°023-2024-PCM.

Through the Early Agenda, Indecopi discloses to the public and economic actors’ preliminary information about the public issues that will be subject to an anticipated regulatory impact analysis (AIR Ex Ante) during the corresponding fiscal year. This seeks to offer greater predictability, transparency and ease of participation, thus allowing for a more effective contribution by all those involved to find optimal solutions that benefit society as a whole.

It can also be concluded that Indecopi works in collaboration with other government entities and stakeholders to analyse the impact of regulations in various sectors and areas of public interest. Through its participation in the regulatory analysis process, Indecopi contributes to ensuring that regulations are effective, proportionate and beneficial to society as a whole.

Author: Vicente Campodónico – Intellectual Property Specialist
Law Firm: OMC Abogados & Consultores