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Intellectual Property Bulletin

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BOLIVIA, COLOMBIA, ECUADOR AND PERU

COURT OF JUSTICE OF THE ANDEAN COMMUNITY CONFIRM THE FACT THAT THE COMPETENT NATIONAL OFFICES ARE AUTONOMOUS IN REGARDS TO THEIR DECISIONS

By means of preliminary interpretation of Process 66-IP-2017, the Court states that the trademark registration system adopted in the Andean Community is supported by the autonomous and independent activity of the competent national offices in each member country.

 

Although in some cases, due to certain figures of community law such as the priority right or the Andean opposition can put in contact the different independent offices of each one of the member countries, it should not be assumed that the above presumes a uniformity regarding their pronouncements.

Thus, the Court of the Andean Community explains that each Office will make the registrability judgment without taking into account the analysis made in another or other competent national offices. Consequently, the granting of registration in one of the member countries does not automatically mean that it must be granted in another.