(IPYS/IFEX) – Public prosecutor Oscar Zevallos Palomino, before leaving the Public Prosecutor’s ad hoc office dealing with prevention and suppression of piracy and offences against intellectual property, shelved charges against Arturo Cáceres A. for the publication of the satirical newspaper “Repúdica”, which defamed the editor and journalists of the newspaper “La República”. **Updates IFEX alerts […]
(IPYS/IFEX) – Public prosecutor Oscar Zevallos Palomino, before leaving the
Public Prosecutor’s ad hoc office dealing with prevention and suppression of
piracy and offences against intellectual property, shelved charges against
Arturo Cáceres A. for the publication of the satirical newspaper “Repúdica”,
which defamed the editor and journalists of the newspaper “La República”.
**Updates IFEX alerts of 16 June, 14 June, 8 June and 1 June 1999**
Zevallos Palomino’s move was immediately appealed by “La República'”s legal
counsel, who wants to see an exhaustive investigation into the authors of
“Repúdica” which was allegedly promoted and financed by the National
Intelligence Services (SIN).
Zevallos Palomino noted that the “Repúdica” case is currently being
investigated by the Logos Copyright Office of the Institute for the Defense
of Consumers and Intellectual Property (INDECOPI), and that the public
prosecutor’s office could not go ahead with the charges until that
investigation is concluded. The public prosecutor based his decision on
Article 16 of Legislative Decree 25868, the Law of the Organization and
Duties of INDECOPI, which states that “in matters pertaining to the duties
of any of INDECOPI’s organs, there can be no recourse to the justice system
until all administrative avenues have been exhausted.”
Nevertheless, there is a special law, namely Legislative Decree No. 823, the
Industrial Property Law, which counters the General Law invoked by the
prosecutor and is applicable to this case. This special law establishes
“that without prejudice to civil and criminal actions which could have taken
place, the holder of an industrial property right can bring an action
against anyone who has infringed this right.” Based on this law, “La
República” went ahead and denounced “Repúdica” to INDECOPI, and to the
public prosecutor’s office so that the responsible parties could be
criminally punished. In response, INDECOPI, acting impartially, seized
“Repúdica” and prohibited it from being distributed.
The above noted Industrial Property Law further establishes that before
initiating criminal charges for offences against intellectual property
rights, a prosecutor must request a technical report from the relevant
office of the INDECOPI institute, which must be prepared within 5 days.”
Meanwhile, Fenix SAC, the publishing house which printed “La Repúdica”, has
responded to INDECOPI, telling them that they were unable to indicate the
publication guidelines used in printing the paper, because all the copies of
the paper were taken away by the client who had ordered the printing job.
Recommended Action
Send appeals to authorities:
Appeals To
Alberto Fujimori Fujimori
President of the Republic
Fax: +51 1 426 6535Ricardo Marcenaro Frers
President of the Congress of the Republic
Fax: +51 1 426 8290Víctor Raúl Castillo Castillo
President of the Supreme Court of Justice
Fax: +51 1 428 0803Jorge Santistevan de Noriega
Ombudsman
Fax: +51 1 426 6657
Please copy appeals to the source if possible.
