La doctrina del acto aclarado será aplicable en los procesos de la Comunidad Andina
Jurisdiction | European Union |
Law Firm | Lloreda Camacho & Co |
Author | María José Lamus |
Published date | 23 March 2023 |
La doctrina del acto aclarado será aplicable en los procesos de la Comunidad Andina
En sentencia del 13 de marzo de 2023, el Tribunal de Justicia de la Comunidad Andina (TJCA) da aplicación a una figura novedosa para los procesos de propiedad industrial que son resueltos por los jueces de única o última instancia, la cual, corresponde a la doctrina interpretativa del acto aclarado, que previamente ha sido desarrollado en otras jurisdicciones.
Esta doctrina, desarrollada en sus inicios por el Tribunal de Justicia de la Unión Europea, determina los tribunales tomarán en cuentas los precedentes al tomar decisiones y no estarán obligaos a elevar consultas a la corte, cuando la cuestión sometida a análisis es idéntica a una que ya ha sido revisada y aclarada en un asunto análogo. Lo novedoso de la sentencia del del Tribunal de Justicia de la Comunidad Andina (TJCA), está en el entendido que esta doctrina es aplicable a los procesos que son desarrollados en el marco normativo de la CAN.
Así las cosas, en los procesos de propiedad industrial que se adelanten ante el juez de única o última instancia, cuando la norma objeto de análisis ya ha sido analizada, explicada o aclarada por el Tribunal, en interpretaciones prejudiciales previas, ya no será obligatorio suspender el trámite y solicitar la Interpretación Prejudicial al Tribunal, por cuanto, no habría lugar a consultar el sentido y alcance de normas que han...
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