The Indecopi Copyright Commission decided to sanction an importing company for infringing the copyrights of Nintendo of America Inc., by introducing stuffed animals into the country that reproduced characters from the Pokémon franchise without having the corresponding authorization.
The sanction, established in Resolution No. 813-2025/CDA-INDECOPI, provides for the definitive confiscation of the seized merchandise, which was not marketed, and the imposition of a fine of 37.86 UIT, equivalent to S/202,551.
The procedure began following a complaint from Nintendo, which claimed to be the owner of the copyright of the characters Meowth, Snorlax and Charizard, present in products entered into the country without proper authorization.
Nintendo learned about the case thanks to an alert from the customs authority about allegedly infringing merchandise. As evidence, the company presented photographs, customs declaration documents and a comparative table between the seized stuffed animals and the protected works.
After analyzing the complaint, Indecopi determined that there was a violation of the patrimonial import right, which protects the owners of works against the entry of unauthorized copies into the country, even if these are not marketed.
