Análisis de la interpretación prejudicial emitida por el Tribunal de Justicia de la Comunidad Andina dentro del Proceso 242-IP-2015 (Marca: TEXTURA SUPERFICIE 'OLD PARR') (Jurisprudencia

摘要

The present document seeks to analyze the preliminary ruling issued by the Andean Court of Justice in Case 242-IP-2015, which was required by the Director of Distinctive Signs of the Superintendence of Industry and Commerce of Colombia as part of an administrative procedure of an application for registration of a tactile mark, SURFACE TEXTURE “OLD PARR”. For this purpose, the preliminary ruling as a guarantee of a uniform application of the community’s legal system within the territories of the Member States, and the locus standi of the Management of Distinctive Signs of the Superintendence of Industry and Commerce of Colombia to request this preliminary ruling, will be studied in this work. Finally, the interpretive criteria of the Andean Court of Justice related to the registration of a tactile mark or texture mark in the Andean Community, will be analyzed.