Navigating Change: An Interview with Oscar Mago on Building a Leading Intellectual Property Practice in Peru  

OMC Abogados, Peru,  November 7, 2024

Latin Counsel had the privilege of speaking with Oscar Mago, a prominent figure in the field of intellectual property (IP) law in Lima, where he heads the IP practice at OMC Abogados.

With a career spanning over three decades, he has built a reputation for successfully navigating complex trademark registrations, even in challenging situations. Oscar’s proactive and collaborative approach has earned him the trust of numerous clients, making him a key player in the legal landscape.

In this interview, Oscar shares insights into his journey from founding OMC Abogados to its growth as a recognised firm in Peru, discusses the challenges and innovations in managing a law firm, and offers a perspective on the evolving IP landscape in the country.

Based on feedback from Chambers & Partners and WTR clients, Oscar is recognised for his proactive and collaborative approach to trademark management, and his working style is characterised by constant communication and remarkable availability, which has been highlighted as an advantage by his clients.

Latin Counsel: What motivated you to set up OMC Abogados & Consultores, and what has been the journey from its beginnings to becoming one of the recognised firms in Peru?

Oscar Mago: I worked for 16 years in a firm specialising in intellectual property in Peru. I had completed my "training cycle" to take the next big step, but the impetus didn’t come from me, it came from an external "stimulus" due to irreconcilable differences with one of the partners of that firm. In other words, I found myself unemployed. The options were to do a doctorate in law (I had already been accepted by three foreign universities) or to set up my own firm. After several masters and postgraduate courses, I decided it was time to work for myself and I believe it was one of the best decisions of my life.

Latin Counsel: As a leader and manager of a law firm, what have been the biggest challenges you have faced in managing and growing the team? How have you managed to maintain a balance between managing the firm and your professional practice?

OM: Adapting to change is a very important part of good management and using new tools is essential. I started working in 1988 when there were no tools like email, Google and certainly no AI; correspondence was by fax (telex until a few years earlier) and phones were landlines at home or public booths (all analogue, of course). All these advances over the last 30 years have made it easier to run and manage businesses, but that means adapting quickly to change, which isn’t always easy. On the other hand, building a solid and reliable team that has grown with the firm over the years is also essential and extremely important. In the firm we have staff and lawyers who have been with us since the beginning; positions don’t change often because of the stability that exists, which tells us that we must be doing something right to make our people feel comfortable in the firm. The image we project to our clients by providing truthful, genuine and diligent advice does the work of strategic marketing, complemented by the above.

Latin Counsel: How would you describe the organisational culture at OMC Abogados & Consultores and what management style have you adopted to encourage the development of your staff?

OM: We maintain a horizontal professional relationship between the members of the firm. The lawyers have complete freedom (as well as the knowledge and expertise) to advise the client and express their professional opinion on a particular matter, without having to ask the management beforehand whether we have a homogeneous opinion on a particular issue or whether the direction of the answer is approved or not. Disagreement is welcome and we have no problem presenting two or more different legal opinions to the client for them to decide which way to go. We always have an open-door policy.

Latin Counsel: How do you see the future of your firm in terms of expansion or innovation? What are the main objectives for OMC Abogados & Consultores in the coming years?

OM: Although our firm was born and grew with Intellectual Property as its main speciality, in recent years we have seen exponential growth in corporate matters. We also have a regulatory department which is also slowly growing, so our vision is to expand and grow in these areas as we have done with IP. For now, we are focusing and directing all our energies towards achieving these goals.

Latin Counsel: How has the IP landscape in Peru evolved in recent years and what significant changes have you seen in legislation or enforcement?

OM: For some time now, there has been a growing awareness among citizens and entrepreneurs of the benefits that intellectual property can offer. According to the latest statistics from Indecopi in Peru, there has been a 29.63% increase in the registration of trademarks in the clothing category and a 21.24% increase in the food category compared to the previous year.
From a legislative point of view, it is worth highlighting the exemption from fees for collective trademark applications in favour of producer and/or service provider organisations formed by rural and indigenous communities, business associations, cooperatives and micro and small enterprises dedicated to economic sectors such as agriculture, livestock, fisheries, aquaculture, manufacturing, handicrafts, textiles, creative industries and tourism. Likewise, on 21 June 2002, the Congress of the Republic, through Law No. 31497, modified and incorporated into Legislative Decree No. 1075 various articles approved as complementary measures for the application of Andean Community Decision No. 486.

Latin Counsel: What are the main challenges Peruvian companies face in protecting their intellectual property? What advice would you give them to avoid legal problems in this area?

OM: The main challenges are the fight against unfair competition, counterfeiting and piracy. In this regard, it is advisable for clients to seek legal advice in good time, before any problem arises, which is essential in the early stages of setting up a business, and to plan the legal strategy in order to avoid contingencies and unpleasant surprises in the future.

Latin Counsel: With the advancement of technology and the rise of digitalisation, how has this affected the field of intellectual property and what changes do you foresee in the near future?

OM: I believe that the impact of digitalisation has created a more dynamic and competitive market; companies must turn to the various technological tools available today to maintain the level and quality of their work. Many software solutions have been created to facilitate IP work, offering a wide range of options in the global market.

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