Legal Actions by Hasbro Against Unauthorized Importer
The Copyright Commission of Indecopi has recently sanctioned a Peruvian company for the unauthorized importation of bubble toys featuring the copyrighted character Peppa Pig. This action was prompted by a formal complaint from Hasbro Consumer Products Licensing Limited, the rights holder for the brand. According to the ruling, documented as Resolution No. 118-2025/CDA-INDECOPI, the violator entered the market without the required licenses, impacting both the local and international reputation of the character.
Consequences of the Violation
Following an investigation, Indecopi determined that the unauthorized importation violated the rights granted under copyright legislation. Consequently, the Commission imposed a fine of 4.01 Tax Units (UIT) and ordered the confiscation of the imported products, along with imposing the administrative costs of the procedure on the offending company.
Investigation Process
The complaint ensued after customs officials discovered the bubble toys during routine inspections, aided by an alert from Sunat, which highlighted potential infringements on intellectual property laws. The evidence included customs documentation and inspection records that confirmed the products entered Peru without the necessary authorization.
Legal Findings by Indecopi
Indecopi’s final resolution indicated that the infringement was strictly related to the unauthorized import, as the distribution of the toys in the Peruvian market had not been demonstrated. Thus, the administrative liability focused solely on the initial act of importation.
Extent of the Infringement
In total, 13,355 bubble toys reproducing the Peppa Pig design were identified and associated with a specific Customs Declaration of Goods (DAM). A thorough review confirmed that these toys matched the specifications outlined in the customs documentation and tax authority reports, marking them as the core material in the violation case.
Financial Penalties Calculated by Indecopi
To assess the financial penalty, Indecopi utilized methodologies established in Supreme Decree No. 032-2021-PCM. They calculated the estimated illicit benefit from this importation at S/ 2,270.35 and initially established a base fine at S/ 14,296.91.
Aggravating Factors in the Case
In evaluating the situation, Indecopi identified that the company had imported the toys for profit, thereby increasing the base fine by 50%. Lacking any extenuating factors, the final penalty reached S/ 21,445.37, correlating to the reported 4.01 UIT. This amount aligns with the maximum limits outlined within the Copyright Law.
Final Actions and Future Implications
Beyond imposing a fine, Indecopi mandated the permanent seizure of the 13,355 bubble toys, mandating their transfer to Hasbro Consumer Products Licensing Limited. Additionally, the company was ordered to cover the administrative costs of the case.
Furthermore, Indecopi plans to register the violating company in the Copyright Infringers Registry, aiming to assist in monitoring future offenses and protecting intellectual property rights.