The Colombian PTO (SIC) organized a Symposium on the Andean Community IP Regime on August 26-28, with the aim of commemorating the 15th Anniversary of the Decision 486, which establishes the common IP regime for Bolivia, Colombia, Ecuador and Peru.
Representatives of each country of the Andean Community attended the event and discussed experiences regarding the practical implementation of the common IP regime.
The posibility of updating the Decision 486 according to the current social and economic conditions of the Andean Community was also discussed. Additionally, the attendees agreed to harmonize the different regulations of each member country regarding IP matters such as patent and trademarks, as well as consumer protection and free competition.
The Decision 486 deals with IP subjects including: patents, utility models, industrial designs, trademarks, trade names, geographic indications, trade secrets, integrated circuit layout design, genetic resources, competence and enforcement of IP rights. Additionally, the regulation includes substantive matters from the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
On August 13th 2008, The Commission of the Andean Community has issued Decision 689 which allows adequating certain provisions of Decision 486 granting rights to each country member to develop and strengthen protection of Industrial Property rights through internal legislation.
Said Decision 689 recommends introducing amendments aimed at the following aspects of Decision 486
Patents of invention
- Re-establish the term for claiming international priority rights for a term not more than two months beyond the established initial period (Art. 9)
- Demand of higher clearness in the description of the invention and higher sufficiency in said disclosure (Art. 28)
- Accept the reporting of omissions contained in the initial application which priority is being claimed (Art. 34)
- Except in the case of pharmaceutical patents, it grants rights to compensate the owner of a patent for undue delays in the grant of the patents, being those delays attributable to the Patent Office, restoring the patent term or patent rights. (Chapter V, Title II)
- allowing the faculty of using the subject protected by a patent right to support the application for approval of commercialization of a product (Art. 53)
- Allowing multiclass trademark registration system (Art. 138)
- Fixing specific terms to meet the requirements for the filing of a trademark application (Art. 140)
- Establishing the requirement of recordal of license agreement (for the use of a trademark), as optional (Art. 162)
- a denomination of origin will not be protected if confusion arises in connection with an existing trademark (Art. 202)
- Develop and implement legislation on border measures in connection with trademark rights. (Chapter III)
Denominations of origin
- Member countries undertake to promote and protect denominations of origin
1 Countries Member: Bolivia, Colombia, Ecuador and Peru.Read More