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BOLIVIA, ECUADOR, COLOMBIA AND PERU

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BOLIVIA, ECUADOR, COLOMBIA AND PERU

ANDEAN COURT OF JUSTICE PROVIDES GUIDELINES FOR THE STATUTE OF LIMITATIONS OF TRADEMARK INFRINGEMENTS

According to Decision 486, trademark infringements prescribe 2 years after the owner had knowledge of the infringement or 5 years counted from the date on which the infringement last took place. However, the Andean Court of Justice issued a prejudicial interpretation in Process 502-IP-2016 clarifying the date from which the statute of limitations for trademark infringements will operate depending on their characteristics

 

Infringements were catalogued as: (i) instant: those that are carried out in one sole act, (ii) continued: those that are carried out upon repeating identical acts in a continuous fashion that have a common purpose or plan, (iii) permanent: those that are carried out in one sole act which maintains the infringer in a permanent infringing situation and, (iv) complex: those that consist of a series of infringing acts seeking the same goal and in that case the infringement will be consummated once the last act of the series is made.

The two year statute of limitations will necessarily be counted from the date on which the owner had knowledge of the infringement, without regard of its type.

However, the five year statute of limitations will be counted depending on its nature, as follows: (i) instant infringements: from the date on which the infringing act was carried out, (ii) continued: from the date on which the last identical act was carried out, (iii) permanent: from the date on which the infringing conduct ceases, and (iv) complex: from the date on which the last infringing act was carried out.

Said entity also reminded that infringements will only take place if the coexistence of the registered trademark and the infringing sign creates consumer risk of confusion or association.