With the entry into force of the Constitution of Peru of 1993, the economic model of social market economy, which was accompanied by an institutional reform, creating four (4) regulators of utilities and one (1) competition agency, was established. The economic model of social market economy, guarantees free competition in the market as a general rule, establishing a regulatory framework for public services that before the reform, were managed directly by the State. Thus, in this paper we will learn how to set up the Peruvian institutional framework and what are the main similarities and differences between competition and regulation, for which we will detail the functions of the competition agency and regulatory bodies as well as interaction between the two.

Indecopi has within its functions the defense of free competition and the protection of intellectual property. This institutional design has the advantage of being able to see more clearly what are the points of convergence between the two subject-matter, harmonize them and achieve the goals they have in common. Within this convergence, there are sensitive issues as the granting of compulsory licenses. In this work, we highlight that compulsory licenses are exceptional measures and, to consider its granting, the State must have a procedure that provides confidence and predictability to citizens and clear definitions of what is meant by public interest, emergency and national security. Finally, it is proposed that the granting of compulsory licenses should be justified by a cost benefit analysis showing that is the best choice.

With the entry into force of the Constitution of Peru of 1993, the economic model of social market economy, which was accompanied by an institutional reform, creating four (4) regulators of utilities and one (1) competition agency, was established. The economic model of social market economy, guarantees free competition in the market as a general rule, establishing a regulatory framework for public services that before the reform, were managed directly by the State. Thus, in this paper we will learn how to set up the Peruvian institutional framework and what are the main similarities and differences between competition and regulation, for which we will detail the functions of the competition agency and regulatory bodies as well as interaction between the two.

Indecopi has within its functions the defense of free competition and the protection of intellectual property. This institutional design has the advantage of being able to see more clearly what are the points of convergence between the two subject-matter, harmonize them and achieve the goals they have in common. Within this convergence, there are sensitive issues as the granting of compulsory licenses. In this work, we highlight that compulsory licenses are exceptional measures and, to consider its granting, the State must have a procedure that provides confidence and predictability to citizens and clear definitions of what is meant by public interest, emergency and national security. Finally, it is proposed that the granting of compulsory licenses should be justified by a cost benefit analysis showing that is the best choice.

Indecopi has within its functions the defense of free competition and the protection of intellectual property. This institutional design has the advantage of being able to see more clearly what are the points of convergence between the two subject-matter, harmonize them and achieve the goals they have in common. Within this convergence, there are sensitive issues as the granting of compulsory licenses. In this work, we highlight that compulsory licenses are exceptional measures and, to consider its granting, the State must have a procedure that provides confidence and predictability to citizens and clear definitions of what is meant by public interest, emergency and national security. Finally, it is proposed that the granting of compulsory licenses should be justified by a cost benefit analysis showing that is the best choice.

En el derecho –y esto por un precepto elemental de justicia- no suelen existir los absolutos, porque normalmente conllevan a arbitrariedades. Fácilmente identificamos ello cuando, por ejemplo, nuestro derecho de tránsito se ve limitado por cuestiones de orden público (como la declaratoria de un estado de excepción) o nuestro derecho a participar de la vida política del país se encuentra regulado a lo que una norma exprese al respecto (como lo hace la ley orgánica de elecciones). En el caso de las decisiones que toma la administración pública, ésta se ve sujeta siempre a controles posteriores tanto dentro de la propia administración como fuera de ella, pudiendo ser modificada vía un laudo arbitral (como el arbitraje en la contratación pública) o impugnándose dichas actuaciones ante el Poder Judicial, quien tradicionalmente se encarga de su revisión. Esta pluralidad de in...

Indecopi has within its functions the defense of free competition and the protection of intellectual property. This institutional design has the advantage of being able to see more clearly what are the points of convergence between the two subject-matter, harmonize them and achieve the goals they have in common. Within this convergence, there are sensitive issues as the granting of compulsory licenses. In this work, we highlight that compulsory licenses are exceptional measures and, to consider its granting, the State must have a procedure that provides confidence and predictability to citizens and clear definitions of what is meant by public interest, emergency and national security. Finally, it is proposed that the granting of compulsory licenses should be justified by a cost benefit analysis showing that is the best choice.

With the entry into force of the Constitution of Peru of 1993, the economic model of social market economy, which was accompanied by an institutional reform, creating four (4) regulators of utilities and one (1) competition agency, was established. The economic model of social market economy, guarantees free competition in the market as a general rule, establishing a regulatory framework for public services that before the reform, were managed directly by the State. Thus, in this paper we will learn how to set up the Peruvian institutional framework and what are the main similarities and differences between competition and regulation, for which we will detail the functions of the competition agency and regulatory bodies as well as interaction between the two.

Indecopi has within its functions the defense of free competition and the protection of intellectual property. This institutional design has the advantage of being able to see more clearly what are the points of convergence between the two subject-matter, harmonize them and achieve the goals they have in common. Within this convergence, there are sensitive issues as the granting of compulsory licenses. In this work, we highlight that compulsory licenses are exceptional measures and, to consider its granting, the State must have a procedure that provides confidence and predictability to citizens and clear definitions of what is meant by public interest, emergency and national security. Finally, it is proposed that the granting of compulsory licenses should be justified by a cost benefit analysis showing that is the best choice.