Abstract

VILLAMIZAR VILLAR, Sergio E. Seven Principles for an Objective System of Industrial Property. Estud. Socio-Juríd [online]. 2008, vol.10, n.1, pp.265-306. ISSN 0124-0579.

Traditionally mercantile industrial property has become a tool of trade and antitrust law. However, despite, its status, it is not receiving uniform treatment by andean juridical entities. These jurists possess neither a common legal model, nor objective patterns regarding the phenomena of confusion and distinctivity. This arises from a lack of commercial background together with a lack of judicial and administrative awareness about common market elements and the reach of today's trademarks. the differing approaches to decision making among juridical bodies leads to inconsistencies in decisions and a weakening of healthy criticism and generates speculation and juridical instability. Such inconsistencies impede the jurisprudential structuring of the law of intangible assets. A change in judicial profiles and their subjective attitudes to an objective commercial juridical model would benefit the market. Such a harmonized judicial attitude would create certainty and juridical certainty which would, in turn, enhance confidence in decision-making and competition in equal terms in market economies.

Keywords : industrial property; intellectual property; antitrust law; commercial burden of proof; intangible assets; commercial decisions; commercial law; common market law; decision 486; Andean Community of Nations can -for its initials in Spanish-trademarks; distinctive signs.

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