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BOLIVIA, COLOMBIA, ECUADOR Y PERU

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BOLIVIA, COLOMBIA, ECUADOR AND PERU

COPYRIGHT AS AN IMPEDIMENT TO THE APPLICATION FOR TRADEMARK REGISTRATION

Fictional characters, by themselves, are not protected by copyright. Original titles (that are not generic or trivial) are.

 

Article 136 of Decision 486 of the Andean Community states that it is not possible to register a trademark that infringes third party’s copyrights, unless the author has consented to such registration.

Regarding fictional characters, the Andean Community Justice Court has consistently pointed out that they are not by themselves protected by copyright, since copyright only protects the forms of expression that represent (artistic works) or include (literary works) such characters; thus, characters in themselves in no case can be the cause for trademark rejection.

On the other hand, the titles of the work may be an impediment for trademark registration when they are protected by copyright, that is, when the title of the work has originality, since Copyrights do not protect trivial or generic titles.