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Alvaro Gutierrez

Partner
Estudio Echecopar

Biography

Alvaro Gutierrez is a partner in Estudio Echecopar. He acted as secretary of the Commission of the Andean Community at the General Secretariat of the Andean Community and the Cartagena Agreement Board. Alvaro was part of the Andean Community's team that negotiated an association agreement with the EU's Intellectual Property Chapter and for the Chapter on Intellectual Property in ALCA (America's Free Trade). He was adviser to the vice minister on foreign trade in negotiations for the free trade agreement with the US. Alvaro is also a former vice president of the Peruvian Copyright Office.

Practice Focus

Alvaro has extensive experience in handling cases involving life sciences and intellectual property issues. He counsels a variety of pharmaceutical, cosmetics, medical devices, food and beverage, and agrochemical companies on sanitary regulatory matters. Alvaro litigates before the Justice Tribunal of the Andean Community on matters related to intellectual property and foreign trade.

Representative Legal Matters

  • Advised Compañía Latinoamericana de Radiodifusión SA regarding the copyright infringement of an audio-visual work in Peru. The workload included filing arguments that demonstrate the compliance with the requirements of a parody, taking into account that there are no Peruvian precedents on the subject, other than the applicable Andean Decision.
  • Advised Farmindustria regarding the infringements of a pharmaceutical patent in Peru. The work included assessing the infringement actions with the client and challenging the validity of the abovementioned patent.
  • Represented Farmindustria on the invalidity of a pharmaceutical patent in Peru. The work included assessing the infringement claim with Farmindustria and then filing an invalidity action against the pharmaceutical patent due to failure of compliance with patentability requirements, particularly, lack of inventive step and novelty.
  • Advised the largest Peruvian dairy and food products company on the defense strategy of its product Pura Vida, which was questioned by the sanitary and unfair competition authorities.
  • Advised the Peruvian Guild of Cosmetics and Hygiene in an administrative proceeding that has made it illegal to increase the payment of processing fees for cosmetic products.

Professional Honors

  • Life Sciences - Star Associate, Chambers and Partners Latin America Guide 2015

Professional Associations and Memberships

  • Inter-American Association of Intellectual Property (ASIPI)
  • Lima Bar Association – Member
  • Peruvian Association of Intellectual Property (APPI)

Admissions

  • Peru (1995)

Education

  • Universidad Peruana de Ciencias Aplicadas (Diploma in Pharmaceutical Marketing) (2012)
  • Pontificia Universidad Católica del Perú (LL.B.) (1996)

Languages

  • English
  • Spanish