Oficinas de Propiedad Industrial de la CAN lanzan protocolo para gestionar casos con Oposición Andina
Published date | 28 March 2023 |
Author | María José Lamus |
Law Firm | Lloreda Camacho & Co |
Oficinas de Propiedad Industrial de la CAN lanzan protocolo para gestionar casos con Oposición Andina
La Oposición Andina. creada como una herramienta para defender derechos marcarios en el mercado subregional, tiene más de 20 años desde su implementación y aún persisten algunos problemas para su aplicación, debido a la escasa comunicación entre las Oficinas, lo que genera demoras en las decisiones e incertidumbre para los solicitantes y opositores.
La principal causa en la demora para resolver los asuntos con Oposición está en que la norma andina exige que cuando la oposición se basa en una solicitud previa y en trámite, siempre debe suspenderse el estudio, hasta que se defina el registro de la marca fundamento de la oposición en el otro país. Esto, ha generado en la práctica, suspensiones de los tramites y demora en las decisiones.
Por esta razón, las Oficinas de Colombia, Perú y Ecuador, con el fin solucionar los problemas de comunicación, las demoras en las decisiones e incentivar el uso de la Oposición Andina, adoptaron desde el pasado 1 de marzo de 2023, el “Protocolo para la gestión de casos con Oposición Andina”.
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