Landlord liability in trademark infringement cases in Peru by Adriana Barrera

Landlord liability in trademark infringement cases in Peru by Adriana Barrera. In The Global IP Matrix Magazine Issue 23, Adriana Barrera, Founder and Managing Partner of BARLAW – Barrera & Asociados in Peru, explores a growing area of trademark enforcement: landlord liability. Her article highlights how Peru is expanding its legal toolkit to hold landlords accountable when counterfeit goods are manufactured, stored, or sold on their premises, placing responsibility on those who enable infringement behind the scenes.

Targeting the Root of Counterfeiting

Barrera outlines how counterfeiting operations often rely on brick-and-mortar locations that landlords lease to vendors, sometimes knowingly. While trademark holders traditionally pursue vendors for enforcement, this approach often results in a revolving door of infringers simply being replaced. By holding property owners liable for allowing counterfeit activity, enforcement can cut off a critical support system for infringers, making repeat offences harder to sustain.

Legal Precedents and Strategic Shifts

The article highlights key judicial developments in Peru where courts have begun to accept the argument that landlords who rent spaces to known infringers are contributing to the crime. This represents a significant shift in IP enforcement strategy. Landlord liability aligns with global trends seen in countries like China and the U.S., where landlords have faced similar scrutiny for hosting IP-infringing tenants. Implications for Brand Protection For brand owners, this development opens new avenues to protect their trademarks. By expanding the scope of enforcement to include landlords, rightsholders can send a clear message that IP violations will be tackled not only at the seller level but at every point in the supply chain, including the physical premises. This more holistic enforcement approach may act as a deterrent and encourage due diligence from property managers.

Collaborative Solutions Moving Forward

Barrera advocates for collaboration between trademark owners, landlords, and authorities. Education and awareness campaigns can help property owners recognise the risks of leasing to counterfeiters. Meanwhile, legislative backing is key to reinforcing these principles and formalising the landlord’s duty of care in commercial rental agreements. A balanced approach ensures landlords play a proactive role in IP protection while still preserving fair property rights.

Conclusion

Landlord liability may prove to be a game-changer in the fight against counterfeiting. By addressing one of the root causes that enable trademark infringement to persist, Peru is signalling its readiness to modernise its enforcement framework.

Read the full article in The Global IP Matrix Issue 23 for an in-depth look at landlord liability in trademark enforcement and how this evolving strategy is reshaping brand protection in Peru.

READ THE FULL ARTICLE NOW!