Andean Community approves new common intellectual property regime

Lima, September 15. Andean Community (CAN) Trade Ministers approved last night a new common intellectual property regime, considered to be one of the most advanced in the hemisphere, by adjusting its current provisions to World Trade Organization stipulations.

With this Decision, the Andean Community becomes the first subregional group to meet the deadlines established in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), approved within the framework of the Uruguay Round.

CAN General Secretariat sources pointed out that Decision 486 on Intellectual Property, which will enter into effect on December 1, 2000, is "an important instrument that will enhance the Andean Community’s negotiating capacity in its relations with third countries, particularly within the Free Trade Area of the Americas (FTAA).

The Ministers pointed out that the new Andean Law "is a positive sign" for national and foreign investors because "it grants more protection to intellectual property rights and also provides stronger legal security."

Decision 486 addresses specific issues in regarding patents, industrial designs, trademarks, denominations of origin, and unfair competition, among others.

The new regime incorporates all the substantive aspects of the TRIPS, such as national treatment, most-favored-nation treatment, the outlining of integrated circuits for "microchips," and border control measures that will help to control piracy.

Much more expeditious and transparent procedures have also been established for trademark registration and the granting of patents.

In singling out other aspects of the new Decision, CAN officials stated that a "major step" has been taken "toward harmonization by establishing the future interconnection of the five competent national offices data bases in the member countries. This will allow for an expeditious exchange of information on trademark registrations as a first step towards the creation of an Andean Community trademark system."

On other issues, the Trade Ministers went on to request the CAN General Secretariat to present a report at the next meeting of the Commission on the current state of international transportation of goods in the Subregion and on cross-border transportation.

That study should propose the pertinent decisions or regulations for ensuring free trade and unrestricted traffic among the five countries.

There was a general agreement, as well, on looking into the possibilities for harmonizing Andean transportation provisions with those in effect in South America.