Colombia: Andean Community New Common Industrial Property Regime Has Been Issued

On December 1, 2000 began the legal effect of Decision 486 of 2000, that is, the new common regimen on industrial property for the Andean Community (Colombia, Venezuela, Ecuador, Peru y Bolivia). The said law supersedes Decision 344 of 1993, which had been in force since 1994.

According to the representatives of the member countries of the Andean Community (CAN) it is one of the most developed laws in the hemisphere, because it adapts the Andean law to the recommendations of the World Trade Organization (OMC) and to the Agreement on the aspects of Industrial Property rights relating to commerce (ADPIC).

In this sense, it is considered that the new law is a good sign for foreign and national investors, because besides attempting to integrate the legal systems of the different member countries of the Cartagena Agreement, it provides better protection to industrial property rights.

Formed by 280 articles, the decision regulates topics such as the marks, patents of invention, industrial designs, denominations of origin, the schemes of the laying out of integrated circuits and unfair competition connected with Industrial Property.

It also incorporates substantial aspects of the TRIPS, such as the national treatment, the treatment of most favored nation, the scheme of the laying out of integrated circuits- referred to the treatment of "microchips" and the compliance with country border measures, which will take to a better control of piracy.

One of the main novelties of the Decision consists of ordering the competent national offices, that is, all the administrative organs in charge of the registration of Industrial Property in the Andean Community to connect their databases before December 31, 2002.

This harmonization will undoubtedly allow an exchange of information in real time of registrations and marks, conducive to create an Andean Community mark.

This law was published in the Andean Community Gazette on September 19, 2000.