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Establishment restrictions

PERU

Since 2013

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Copyright inadequately enforced
The International Intellectual Property Alliance (IIPA) estimated in February 2010 that the piracy level in Peru for recorded music stands at 98%, with trade losses estimated at USD 57.2 million annually. The Business Software Alliance (BSA) estimates that software piracy levels resulted in a loss of USD 209 million in 2011, while the prevalence of software piracy decreased from 68% in 2010 to 67% in 2011.
Coverage Horizontal
Establishment restrictions

PERU

Since 1996

Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Copyright Law
The Copyright Law sets a list of limitations, but it does not provide a clear notion of fair use/fair dealing (Legislative Decree No. 822).
Coverage Horizontal
Establishment restrictions

PERU

Reported in 2013

Chapter Intellectual Property Rights  |  Sub-chapter Patents
Fast-track procedure for nationals
In an effort to facilitate the filing of more domestic patents, the Peruvian National Institute for the Defense of Competition and Intellectual Property Protection (INDECOPI) has announced a new program called ‘Patente Rapida’ ("Speedy Patent"). The service gives national applicants the opportunity to obtain a patent faster than the current time and aims at encouraging national investment. However, the measure might result in a discrimination against foreigners.
Coverage Horizontal
Fiscal Restrictions

PERU

Reported in 2015

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
WTO Agreement on Government Procurement
Peru is not a signatory to the WTO Agreement on Government Procurement.
Coverage Horizontal
Source
  • USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
Fiscal Restrictions

PERU

Reported in 2015

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Limitations on foreign participation
Some companies have commented that Peru’s arduous bureaucratic requirements makes it challenging for them to successfully participate in government tenders.
Coverage Horizontal
Source
  • USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
Fiscal Restrictions

PERU

Reported in 2017

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on online services
Tax on foreign digital services
In the case of Peruvian-sourced income obtained by non-domiciled entities, the income tax withholding rate must be applied by Peruvian companies depending on the type of income. This includes a 30% rate for digital services used in Peru.
Coverage Digital services
Fiscal Restrictions

PERU

Reported in 2013

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on digital goods and products
Copyright Law
Peru's Copyright Law allows private copying or reprography, but copyright levies need to be paid on blank media and electronic devices. Examples for such copyright levies are:

- MP3-Player: 10% of the price.
- MP4-Player: 10% of the price.
- Mobile phones: 3% of the price.
- Internal hard drive: 3% of the price.
- External hard drive: 3% of the price.
- USB devices: 3% of the price.
- Expandable memory for mobile devices: 3% of the price.

For other devices a fixed amount is levied, for example:

- CD/CD-RW and minidisc: USD 0.04.
- DVD: USD 0.08.
- Audiotapes: USD 0.04.
- Videotapes: USD 0.08.
Coverage Blank media and electronic devices
Fiscal Restrictions

PERU

ITA signatory? I II

Chapter Tariffs and Trade Defence  |  Sub-chapter Applied tariffs on digital goods
Average MFN rate
0.55%
Weighted average MFN rate
0.82%
Maximum tariff rate
6%
Coverage rate of zero-tariffs
90.98%

Coverage: Digital goods
Sources

Trading restrictions

AUSTRALIA

Since 2012

Chapter Online sales and transactions  |  Sub-chapter Domain name (DNS) registration requirements
Guidelines on the Interpretation of Policy Rules for Open 2LDs
In Australia, it is not possible to register directly under .au domain, and therefore it is required a registration under the open second level domains such as .com.au or .org.au.

A company that wants to register for the second level domain needs to be a registered Australian company or a foreign company licensed to trade in Australia. For certain second level domais such as id.au, the registrants must be an Australian citizen or resident.
Coverage Horizontal
Trading restrictions

AUSTRALIA

Since 2009

Chapter Quantitative Trade Restrictions  |  Sub-chapter Local Content Requeriments for commercial market
Australian Industry Participation (AIP) Program
In October 2011, the Government extended the requirements for the Australian Industry Participation (AIP) Plans to cover not only public but also private procurement. The AIP Plans require tenderers to specify their use of Australian suppliers.

In detail, the extension of the requirements applies (i) to companies in receipt of federal grants of AUD 20 million (approx. 17.4 million USD) or more and (ii) for grants of AUD 20 million or more to the States and Territories where they do not apply own industry participation plans. Projects greater than AUD 2 billion (approx. 1.38 billion USD) which are eligible for a special tariff concession scheme (see below: Enhanced Project By-law Scheme) were also required to publicly list additional information on opportunities they made available to the Australian industry. In February 2013 the requirements for AIP Plans were further extended to all major projects with a capital expenditure of AUD 500 million (approx. 344 million USD) or more.
Coverage Horizontal
Sources
Restrictions on data

AUSTRALIA

Since June 2015

Chapter Content access  |  Sub-chapter Censorship and filtering of web content
Copyright Amendment (online infringement) Bill 2015
The Copyright Amendment (online infringement) Bill 2015 was passed in the Australian Senate in June 2015 and became effective that same month. The Bill allows copyright holders to apply to the Federal Court of Australia for an injunction requiring Australian Internet Service Providers to block local access to overseas websites deemed to be facilitating piracy.
Coverage Copyright infringement
Restrictions on data

AUSTRALIA

Since May 2015

Chapter Data policies  |  Sub-chapter Other
Wide interpretation of personal information
In May 2015, the Australian Privacy Commissioner clarified that 'metadata' may also be personal information where an organisation has the capacity and resources to link that information to an individual. This determination poses high costs on companies as they have to grant access to individuals to such data.
Coverage Horizontal
Restrictions on data

AUSTRALIA

Since 1989

Chapter Data policies  |  Sub-chapter Sanctions for non-compliance
Federal Privacy Act 1988
The Office of the Australian Information Commissioner (OAIC) can make a determination that includes, for example, a declaration that the complainant is entitled to a specified amount by way of compensation or can apply to the federal court or federal circuit court for an order that the organisation has breached a civil penalty provision. In such cases, a fine of up to A$340,000 for individuals or A$1.7 million (around 1.2 million USD) for corporations can be imposed for a serious breach or repeated breaches of the the Australian Privacy Principles Guidelines.
Coverage Horizontal
Restrictions on data

AUSTRALIA

Reported in April 2018

Chapter Data policies  |  Sub-chapter Administrative requirements on data privacy
Proposal for legislation on encryption
Australia's Prime Minister has put forward a plan to compel technology companies to provide access to users' encrypted messages, citing national security concerns. The law in question would mandate the creation of "back doors" into encrypted communication services.

In April 2018, it was reported that the legislation was in "advanced stages" of drafting.
Coverage Horizontal
Restrictions on data

AUSTRALIA

Since October 2015

Chapter Data policies  |  Sub-chapter Personal rights to data privacy
Case 2015 SASC 170 'Duffy vs Google Inc'
An Australian court has agreed that Google can be held liable for the content on its platform. According to the Court, Google should be considered the "publisher" of the content when it 'hosts' defamatory material. This case set a legal precedent for the right to be forgotten regime in Australia.
Coverage Horizontal