Peru, Colombia, Ecuador and Bolivia are Members of the Andean Community. The Industrial Property Law of their countries are governed by Decision 486.
Competent Authorities
Which is the competent authority in charge of Intellectual Property Rights?
Peru: The competent authority in charge of patents, utility models, trademarks, designs, copyright, and plant varieties is the National Institute for the Defense of Competition and the Protection of Intellectual Property (INDECOPI).
Colombia: The competent authority in charge of patents, utility models, trademarks and designs is the Superintendencia de Industria y Comercio (SIC). Regarding copyright, the competent authority is the National Copyright Directorate (Dirección Nacional de Derecho de Autor -DNDA-). The competent authority for plant varieties is the Colombian Agriculture Institute (ICA).
Ecuador: The competent authority in charge of patents, utility models, trademarks, designs, copyright, and plant varieties is Servicio Nacional de Derechos Intelectuales (SENADI).
Bolivia: The competent authority in charge of patents, utility models, trademarks, designs and copyright is Servicio Nacional de Propiedad Intelectual (SENAPI). The competent authority for plant varieties is the Bolivian National Institute of Agricultural and Forestry innovation (INIAF).
Trademark registration proceeding
How long does a trademark registration proceeding takes?
Peru: 4 months (smooth process)
Colombia: 6 months (smooth process)
Ecuador: 12 months (smooth process)
Bolivia: 12 months (smooth process)
Is there an Andean Community trademark?
An Andean Community Trademark registration is not regulated. It is necessary to file an application independently in each country of the Andes region (Peru, Colombia, Ecuador, and Bolivia).
What are the minimum requirements to file a trademark application?
- Trademark name or logo
- Products/Services description
- Owner information
- Trademark fees
Peru: A copy of a simply signed Power of Attorney must be submitted within 60 business days from filing a trademark application in Peru. Legalisation or notarization is not required.
Colombia: A copy of a simply signed Power of Attorney must be submitted within 60 business days from filing a trademark application in Peru. Legalisation or notarization is not required.
Ecuador and Bolivia: A Power of Attorney legalized until Apostille must be submitted within 60 business days from filing a trademark application in Ecuador or Bolivia.
Are non-traditional trademarks allowed?
Non-traditional trademarks are allowed in Peru, Colombia, Ecuador, and Bolivia. According to the Andean Legislation sounds, smells, three-dimensional shapes, tactile, among other signs, can constitute marks.
What are the steps of a trademark registration process?
- Trademark presentation
- Formal examination
- Publication
- Substantive examination
- Certificate
Are digital or physical certificates issued?
In Peru, Colombia and Ecuador digital certificates are issued. In Bolivia physical certificates are issued.
What are the steps for claiming priority?
An application claiming priority shall be filed within six months periods to be counted as from the filing date of the trademark application whose priority is claimed.
The priority document shall be submitted together with or separately from the application within nine months to be counted as from the filing date of the trademark priority claim.
A certified priority document issued by the competent authority will suffice.
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