Ingresar
What is the purpose of the Preliminary Interpretation Mechanism in the Andean Community?
By VERA ABOGADOS
The preliminary interpretation mechanism aims to ensure the uniform and consistent application of the norms of the Andean Community legal system by national judges. This mechanism is activated when national judges must resolve a dispute involving one or more norms of the Community legal system. Additionally, according to the legal interpretation criterion, it is not necessary to issue a new pronouncement if the Andean Community Court of Justice has previously interpreted the norm in question.
In the specific case mentioned, it is declared that the consulted articles constitute a clarified act, so it is referred to the previous preliminary interpretation to resolve the consultation. In relation to Article 165 of Decision 486, it is established that the phrase "at the request of an interested party" can be understood without restriction, allowing any person to request, register and use an identical or similar trademark.
This interpretation criterion is based on a previous ruling of the Andean Community Court of Justice, which establishes that there is no limitation to determine that a person has an interest in the application.
Vera Abogados
VERA ABOGADOS ASOCIADOS S.A.-, is a Colombian law firm with specialized lawyers, Founded more than 40 years ago, by Jorge E. Vera Vargas, Doctor in Law and Political Sciences of the La Gran Colombia University in Bogota D.C., Colombia. At present, with principal offices in the city of Bogota D.C., and offices in the cities of Cali, Medellin, Barranquilla, at national level, and at an international level in Ecuador and Panama.
The Firm is today a reference in the Andean Community, and it makes part of important international affiliations such as PRAGMA, EEIG. International Network of Law Firm, The International Trademark Association (INTA), Asociación Interamericana de Propiedad Industrial (ASIPI), Associação Brasileira da Propriedade Intelectual (ABPI), and the Chamber of Industrial Property Agents of the Republic of Argentina(CAPIRA).
VERA ABOGADOS ASOCIADOS S.A. offers professional services to prestigious Colombian and foreign companies in the following juridical areas: Industrial property, Trademarks, Patents, Copyrights, New Technologies, Disloyal Competition, Commercial Practices, Sanitary Rights, Community Right, Administrative law, Tax Law, Corporate Right and Foreign Investment and Business Rights.
The Firm offers of equal way a service of integral consultancy in Foreign Commerce, Business administration, Finance and Accountancy. The team is made up of specialized lawyers in each of the workspaces and expert multilingual professionals (Spanish, English and French) that respond with efficiency and competitiveness to the needs and demands of our customers around the world.