Collective Marks in the Andean Community Law

On julio 27, 2010, in Collective Marks, Industrial Property, by Claudio Iglesias Darriba

Member States of the Andean Community (Colombia, Ecuador, Peru and Bolivia) share a common intellectual property legal system. This system provides specific protection of collective marks.

In member countries of the Andean Community collective marks are regulated by Decision 486 of the Cartagena Agreement Commission, which regulates for Colombia, Ecuador, Peru and Bolivia. About Venezuela, having retired from the Andean Community, the country applied this standard as national law, having been expressly incorporated by an international treaty.

Article 180 of Decision 486 defines a collective mark as “… any sign that serves to distinguish the origin or any other characteristic common to goods or services belonging to different companies and used under the supervision of a holder.”

In conclusion, the collective mark is the tool used by associations of producers, manufacturers, service providers, organizations or groups of persons legally established for distinguishing the goods or services of their members in respect of those who are not part of them.

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