INTA Co-Hosts Workshop Examining Andean Community Jurisprudence

Judges, trademark office officials from Peru’s National Institute for the Defense of Competition and Protection of intellectual Property (INDCOPI), and students from the Technological University of Peru (UTP) gathered on December 6-7 at the headquarters of the Secretary General of the Andean Community (SGCAN) in Lima, Peru,
for a workshop on the current status and issues in intellectual property (IP) proceedings under the Andean Community legislation and jurisdiction.. The workshop, titled “Conflict Resolution and IP in the Andean Community” was co-hosted by INTA, INDECOPI, UTP, and the Andean Community Tribunal (TJCAN).

The workshop, attended by more than 200 registrants and broadcast via the official judicial TV channel to Peruvian courts and institutions, boasted some of the top names in the judiciary and academia in Peru and the Andean Community. Introductory greetings were provided by Ivo Gagliuffi, President of the Directive Counsel of INDECOPI; Luis José Diez Canseco, Dean of Law and Human Sciences at the UTP and former Justice of the Andean Tribunal; and the Andean Community Ambassador José Antonio Arróspide. All three highlighted the unparalleled importance of IP to the economic and social development in Peru and the other Andean Community member nations. INTA’s Chief Representative, Latin America and Caribbean, José Luis Londoño, and Manager, External Relations Enforcement, Iris Gunther, welcomed the opportunity to co-host the event and highlighted the importance of INTA’s cooperation with trademark offices and the judiciary alike.

Justice Hugo Gómez Apac of the TJCAN summarized the most recent “Prejudicial Interpretations” issued by the TJCAN. Topics covered included border measures, nontraditional marks, trademarks vs. trade names, and proof of use. These judgments are intended as interpretations of the Andean Community Laws, with a view to harmonizing their application and enabling consistent decisions by the national courts of the four member states. Taking up a suggestion made by INTA, he also confirmed that the TJCAN does accept amicus curiae briefs, be it by invitation of the TJCAN or as submitted by any interested party.

INTA member Juan Carlos Durand Grahammer (Durand Abogados, Peru) provided the attendees with a detailed overview of the status and recent case law on nontraditional marks, followed by an in-depth analysis of the much debated recent case in the Andean Community of OLD PARR-a texture mark that was granted as the first of its kind in Colombia-by Maria Ángela Sasaki Otani, Professor for International Economic Law at the Catholic University of Peru.

Day two began with an analysis of the benefits and threats arising out of 3D printing, with examples ranging from 3D-printed food to guns and prosthetics. Ronald Gastello ZÁrate, the Technical Secretary of the Trademark Department at INDECOPI, noted that new laws will have to account for this rapidly developing and new type of consumerism. Ray Meloni, Head of the Trademark Department of INDECOPI, provided INDECOPI’s outlook on the creation of a new type of registrable IP right in Peru, “Guaranteed Traditional Specialties,” which could include traditional culinary recipes such as ceviche, textile products based on ancient Indian processes, or other cultural assets. In line with this project, Deyanira Camacho Toral from the SGCAN explained Peru’s plans to promote the “country mark” to be registered under Article 6bis of the Paris Convention to protect a country’s organic heritage from unauthorized use and dilution in international commerce.

Justice Ricardo Vinatea Medina from the Peruvian Supreme Court of Justice laid out recent cases on protection of architectural plans and works under copyright and trademark law and Jorge Salas Vega, Chief of Judicial Services of the SGCAN, spoke about the system for referring IP cases to the TJCAN. The conference closed with a close look at famous and well-known marks as well as their strict distinction under the Andean Community jurisprudence by INTA member Jorge Allende (Allende & Garcia Abogados, Peru) and Justice Gomez Apac.

A common theme of all presentations and discussions was that IP protection–and, with that, the support and advancement of a consistent, harmonized jurisprudence–is one of the most important pillars of economic development and protection of cultural identity for any nation. Judges, academics, and INDECOPI executives also agreed that cooperation and consulting with INTA to continue the improvement of trademark protection laws and processes was a priority going forward, and INTA has reaffirmed its willingness to be a resource and support any such future projects. INTA would like to thank the Secretary General and the TJCAN, INDECOPI, and the Technological University of Peru for organizing and hosting this important event and looks forward to taking part in many more.

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