A Community Trademark for the Andean Community of Nations (an example in Peru)

Abstract

Abstract

A Community Trademark for the Andean Community of Nations an example in Peru

Sheelah Cuéllar Tello Intellectual Property Law, College of Law The Graduate School Seoul National University

The purpose of this thesis is to analyze the possibility to make use of the advantages of European experience in order to constitute an appropriate system in the arena of the protection of trademarks in the Andean countries, especially in the formation of Andean trademark. The currently thesis seeks to provide the advantages to adapt community trademark system of the European Union in the Andean Community of Nations, analysis of the main problems of the protection of trademarks in the ACN, and possible solutions to strengthening the protection of trademarks in the ACN. In Latin America exists the Andean Community of Nations, and this community sought the same goals of the European Union in the arena of Intellectual Property. However, because of political, economic and social circumstances, the Andean Community could not establish a common regulation in trademark like the European Union. Hence, the Andean system is diametrically different from the community trademark of the European Union and has deficiencies which limited the protection of the trademark. The possible solutions of these issues are the harmonization of the intellectual property legislation in the field of trademarks within the CAN, establishment of single entity which regulates the common registration system within the CAN, and the most important, the establishment of community trademark. These steps will lead to the desired economic growth, increase of international trade and a high level protection of the rights granted for trademarks within the ACN. Thus, the research question is whether the adoption of community trademark system (European model) is favourable for protection of trademarks in the Andean region.

Keywords: Intellectual Property, Community Trademark, European Union, Andean Community, Peru. Student ID.: 2015-22160