La implementación de un régimen de marca comunitaria andina.

Abstract

In a world with global trade, regional and multilateral model systems for trademark registration become relevant due to their economic and practical advantages, by simplifying the process in certain territories through a single process. Supranational registry systems, which currently operate in multilateral and regional integration schemes such as: the European Union Intellectual Property Office (EUIPO) with its European Union trademark, the African Intellectual Property Organization (OAPI) through the centralization of procedures, the African Regional Intellectual Property Organization (ARIPO) under the Banjul Protocol, the Benelux Office of Intellectual Property (BOIT) and the Madrid System with international registration. In Latin America, the oldest trading bloc is the Andean Community of Nations (CAN), which does not have a supranational registry system, nor centralized offices for the processing of trademark registrations. The advantages of implementing an Andean community trademark system are raised based on a doctrinal and legal analysis, the object of this study; from a qualitative approach, using the legal-comparative method of legislation that includes trademark registration systems in multilateral and regional integration schemes, as well as the analysis of the legal regulations of Decision 486 of the CAN; complemented with the opinion of legal professionals specialized in the area and in the negotiation of these aspects in international agreements. As a result, the feasibility of the implementation of the Andean community trademark and the convenience of developing a new Andean Decision for this purpose are proposed.