Cristina Galavis-Sucre's talk on Intellectual Property Legislation in the Andean Community was attended by approximately 25 people. The presentation discussed the basic governing structure of the Andean Community and the major IP laws of the Community.
The Andean Community is an international organization similar to a less-integrated version of the European Union. The governing document is the Cartagena Agreement. The major institutions are the Andean Presidential country, the Andean Council of Foreign Affairs, the Andean Parliament, the Andean Court of Justice, the Andean Commission, and the General Secretariat.
One of the most important IP laws of the Community is Decision 486, which mandates that all members treat other members' nationals at least as well as their own and at least as well as they treat the nationals of non-member countries when it comes to IP rights.
Other decisions covered during the presentation apply to specific types of IP rights. The basic principles of Andean Copyright law are largely similar to those of United States copyright law, but protect moral rights much more stringently and give performing artists a set of related rights rather than copyright protection. The Andean Community's has a first-to-file patent system which requires novelty, non-obviousness, and industrial application. Unlike in most industrialized nations, a prior description of an "invention" need not be published to establish a lack of novelty, because many forms of traditional knowledge might not have been written down. Trademarks belong to the first person to register them. Someone who owns a well-known mark elsewhere in the world may oppose a registration which seeks to take advantage of its goodwill, but it is often faster and cheaper to reach an agreement with the registrant.
The Andean Community is an international organization similar to a less-integrated version of the European Union. The governing document is the Cartagena Agreement. The major institutions are the Andean Presidential country, the Andean Council of Foreign Affairs, the Andean Parliament, the Andean Court of Justice, the Andean Commission, and the General Secretariat.
One of the most important IP laws of the Community is Decision 486, which mandates that all members treat other members' nationals at least as well as their own and at least as well as they treat the nationals of non-member countries when it comes to IP rights.
Other decisions covered during the presentation apply to specific types of IP rights. The basic principles of Andean Copyright law are largely similar to those of United States copyright law, but protect moral rights much more stringently and give performing artists a set of related rights rather than copyright protection. The Andean Community's has a first-to-file patent system which requires novelty, non-obviousness, and industrial application. Unlike in most industrialized nations, a prior description of an "invention" need not be published to establish a lack of novelty, because many forms of traditional knowledge might not have been written down. Trademarks belong to the first person to register them. Someone who owns a well-known mark elsewhere in the world may oppose a registration which seeks to take advantage of its goodwill, but it is often faster and cheaper to reach an agreement with the registrant.
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