(A) Community Trademark for the Andean Community of Nations (an example in Peru)

다국어 초록 (Multilingual Abstract)

Abstract

A Community Trademark for the Andean Community of Nations
an example in Peru


Sheelah Cuéllar Tello
Intellectual Property Law, College of Law
The Graduate School
Seoul National University



The purpose of this thesis is to analyze the possibility to make use of the advantages of European experience in order to constitute an appropriate system in the arena of the protection of trademarks in the Andean countries, especially in the formation of Andean trademark.
The currently thesis seeks to provide the advantages to adapt community trademark system of the European Union in the Andean Community of Nations, analysis of the main problems of the protection of trademarks in the ACN, and possible solutions to strengthening the protection of trademarks in the ACN.
In Latin America exists the Andean Community of Nations, and this community sought the same goals of the European Union in the arena of Intellectual Property. However, because of political, economic and social circumstances, the Andean Community could not establish a common regulation in trademark like the European Union. Hence, the Andean system is diametrically different from the community trademark of the European Union and has deficiencies which limited the protection of the trademark.
The possible solutions of these issues are the harmonization of the intellectual property legislation in the field of trademarks within the CAN, establishment of single entity which regulates the common registration system within the CAN, and the most important, the establishment of community trademark. These steps will lead to the desired economic growth, increase of international trade and a high level protection of the rights granted for trademarks within the ACN.
Thus, the research question is whether the adoption of community trademark system (European model) is favourable for protection of trademarks in the Andean region.

Keywords: Intellectual Property, Community Trademark, European Union, Andean Community, Peru.
Student ID.: 2015-22160

목차 (Table of Contents)

• 1.Introduction 7
• 2. CHAPTER 1: APPROACH TO MARK LEGISLATION WITHIN THE ANDEAN COMMUNITY OF NATIONS AND THE TRADEMARK SYSTEM IN PERU 9
• 2.1.The Andean Community: Peru, Colombia, Ecuador and Bolivia 9
• 2.2.Rights conferred by the trademark and limitations in Andean Countries 20
• 2.3.The infringement action in Andean Countries 25
• 3.CHAPTER 2: THE TRADEMARK SYSTEM IN PERU 27
• 3.1.Legislation of Distinctive Signs 27
• 3.2.The need to strengthen the protection of Trademark in Peru 31
• 3.3.Some problems related with the protection of trademarks in Peru 37
• 4.CHAPTER 3: THE COMMUNITY TRADEMARK IN THE EUROPEAN UNION 39
• 4.1.The development of European trademark law 39
• 4.2.Principals aspects related to the community trademark in one common office EUIPO 41
• 5.CHAPTER 4: ADOPTION OF THE EUROPEAN COMMUNITY TRADEMARK MODEL BY THE ANDEAN COMMUNITY OF NATIONS 48
• 5.1.Effectiveness of the European Community Trademark 48
• 5.2.The ACN and the protection of trademarks in the region 50
• 5.3.Differences between the Andean Community of Nations and the European Union in the field of trademarks 51
• 5.4.Treatment of trademarks in the European Union and the Andean Community of Nations 54
• 5.5.Proposals for the establishment of Andean Trademark in the ACN 55
• 6.CHAPTER 5: CONCLUSION 60