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Oposicion Andina

INDECOPI failed to fulfill the article 93 of the Decision 344 of the Cartagena Agreement

- Our Law Firm filed an Action of Non-Compliance before the Andean Community of Nations («Comunidad Andina de Naciones») against the Peruvian State because the National Institute of Defense of the Competition and Intellectual Property INDECOPI – (Instituto Nacional de Defensa de la Competencia y de la Propiedad Intelectual) was failing to fulfill the Article 93 of the Decision 344 of the Cartagena Agreement

On May 9, 2000, our Law Firm filed an Action of Non-Compliance before the Andean Community of Nations («Comunidad Andina de Naciones») against the Peruvian State  because the National Institute of Defense of the Competition and Intellectual Property INDECOPI – (Instituto Nacional de Defensa de la Competencia y de la Propiedad Intelectual) was failing to fulfill the Article 93 of the Decision 344 of the Cartagena Agreement because they were requiring to prove «a real and current economical interest of entering into the Peruvian market under the trademark on which is based the Opposition», this was a requisite which was not foreseen in the aforesaid article; because, the only requirement to file an opposition based on the Andean Community is that the opposing mark is registered, or it had been requested previously in any of the member countries of the Andean Community:

The Andean Community of Nations ratified the Non-Compliance against the Peruvian government

For the reason above-mentioned, on January 22, 2002 The Andean Community of Nations ratified the Decision of Non-Fulfillment No.19-2000 which was issued by the General Secretariat of this Organization on behalf of World Patents S.R.L. (now Estudio Delion S.R.L.), taking the following decisions:

  1. First: The Andean Community of Nations declared the Non-Fulfillment of the article 4 of the Treaty of the Court Creation and the article 93 of the Decision 344 of the Commission by the Peruvian State, since they had demanded additional requirements in the opposition, which had not been established in said rule.
  2. Second: Sentence the Peruvian State to pay all the expenses incurred, because of the present Non-Fulfillment action, which was stated founded by the Court, in accordance with the article 90 of the Statute of Justice Court of the Andean Community.
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