Bolivia, Colombia, Ecuador and PeruAbout the Adequation of Decisión 486 of the Andean Community¹

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)

Trademarks

• 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.