The Commission of the Andean Community issued, by means of Resolution 486 of September 14, 2000, a new regime in matter of Intellectual Property ("IP"). It applies to all countries that belong to the Community i.e., Bolivia, Colombia, Ecuador, Peru and Venezuela. The new regime will replace Resolution 344, which has been in force since year 1993.

Resolution 486 adapts the Andean Intellectual Property regime to the provisions established by the World Trade Organization as well as to the Trade Related Aspects of Intellectual Property Rights ("TRIPS"), approved in the course of the Uruguay Round. The Resolution will enter into force in all the Community on December 1, 2000, converting the Andean Community as the first sub-regional group within the hemisphere to comply with the terms established by the WTO.

Amongst the main aspects contemplated by the new resolution are the following:

  • In an attempt to protect all goods which are part of the IP, Resolution 486 simplified formalities and amended certain legal terms within the procedure of trademarks and patents registration, which allows a greater transparency as well as better opportunities to the parties involved in this registration process.
  • In matter of patents, the patenting of biotech processes related inventions is allowed.
  • Resolution 486 brings a new technological element part of the IP: the integrated circuits schemes, which will benefit from an exclusive protection for a 10 year term calculated as from the registration date.
  • In matter of industrial designs, Resolution 486 brings something new: the possibility to grant an industrial design patent to textiles models or textiles designs, which was prohibited under the old regime of Resolution 344.
  • In matter of trademarks, Resolution 486 expressly provides that packaging or envelopes’ sounds, fragrances and forms can be registered as trademarks.
  • The exclusivity of trademarks can be lost when the holder has provoked or tolerated that the trademark is transformed into a generic or common sign identifying or designating one or more products or services for which the trademark was registered.
  • The notion of certification trademarks is introduced. These are signs fixed in products or services, which determine that certain characteristics of these products and services have been certified by the registered trademark holder, which shall be a public or a private entity acting as certification entity.
  • It is contemplated the protection of the notoriously distinctive signs, in front of its undue registry by an unauthorized third party as part of a domain name or an e-mail address. The holder or legitimate holder of a notoriously known domain name will be entitled to ask for the cancellation or modification of the domain name or e-mail registration affecting its exclusivity rights.
  • It is important to mention the extensive regulation in connection with the protection of rights on business secrets, and the legal actions aiming to protect these rights.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.