Abstract

GARCIA, Emilio. Protection of trade secrets in the Andean regime. Civilizar [online]. 2022, vol.22, n.43, e20220209.  Epub Feb 17, 2023. ISSN 1657-8953.  https://doi.org/10.22518/jour.ccsh/20220209.

The protection of trade secrets in the Andean regime has special characteristics that comes from the coexistence of the regulation contained in Decision 486 of 2000, Common Andean Industrial Property Regime and the domestic law issued by the member countries through unfair competition regulations. The application of these norms has implied a jurisprudence based on preliminary interpretations of the Court of Justice of the Andean Community and the decisions of specialized administrative entities such as the Superintendence of Industry and Commerce of Colombia (hereinafter SIC), which has jurisdictional powers, National Institute for the Defense of Competition and Protection of Intellectual Property to Peru (hereinafter INDECOPI), and the Superintendence of market power control in Ecuador (hereinafter SCPM), These entities apply an administrative procedure to declare and sanction unfair conducts, This research examines the outstanding aspects of the regulation and jurisprudence of the Andean countries on the matter.

Keywords : Trade Secrets, Andean Community Law; Member States’ law; Preliminary rulings (reference) by the Andean Court of Justice; Case law..

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