The preliminary interpretation #320 from 2014 was recently
published. In it, the Andean Community Court of Law (TJCAN) made a
ruling about the viability of registering a figurative brand and
its copyright protection.
The Superintendence of Industry and Commerce (SIC) was sued
before the State Board for denying a registry of the figure of a
girl cooking. This image was a figurative brand of the
Organización Solarte & Cia. The application was denied
because it was considered to be easily confused to the registries
of the mixed brands La Muñeca, which is owned by Harinera
Del Valle S.A.
The plaintiff, Organización Solarte & Cia. argued
that there was no chance of confusing the brands and that, on top
of that, that the SIC should have realized that the image of the
girl cook can be found in the National Copyright Registry (Registro
Nacional de Derecho de Autor.) Therefore, it should be taken into
account to value the originality and uniqueness of this figurative
brand, which was previously registered as a work of art.
The Andean Community Court of Law (TJCAN) explained that an
intangible asset can be protected in various aspects of
intellectual property law and that receiving copyright protection
should not interfere in the analysis as to the viability of the
registry of the brand. The analysis should be based upon, in each
case, whether it complies with the uniqueness, perceptibility, and
graphic representation requirements.
So the TJCAN concludes that an intangible asset could be
protected by copyright law without necessarily implying that it
fulfills all of the necessary criterion to be protected as a
The complete text of the preliminary interpretation can be
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Decree Number 8,772 of May 11 2016 regulates Law Number 13,123 of May 20 2015, known as the Biodiversity Law, which provides for access to GH, protection and access to ATK...
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