On October 10, at the headquarters of the General Secretariat of the Andean Community in Lima, the “Manual for the Examination of Industrial Designs for Andean Community Countries” was presented by the General Secretariat of the Andean Community and the European Union Intellectual Property Office. The event was attended by various international and national authorities, enriching the discussion.
The manual was developed within the framework of the IP key Latin America project, which is led by the European Commission and implemented by the European Union Intellectual Property Office, aiming to increase intellectual property enforcement and protection across the region.
The Manual consists of 8 main sections: Definition; Novelty, Specific Appearance; Visibility; Technical or Functional Character; Prior Rights of Third Parties and Public Order and Morality; Industrial Design Representation; and Identification of the Product Incorporating the Design and Product Classification.
Each section has been carefully detailed, including rulings from the Andean Community Court of Justice, which will undoubtedly be useful for examiners at the various Patent Offices in the Andean Community. It also includes case examples, which will be beneficial for users, whether they are designers or their representatives.
Some of the topics highlighted during the Manual´s presentation include: a) the overlap of protections, clearly establishing the level of protection an industrial design deserves to avoid conflicts regarding functionality; b) the use of the Locarno Classification by the Patent Offices, as it is applied to industrial design, although users can make suggestions; and finally, c) the examination of industrial designs applied to screens or electronic devices, or in the metaverse, which are current challenges posed by digitalization and augmented virtual reality.
The Manual´s goal is to promote the resolution of industrial design applications in harmonized way in the four Andean Community countries, namely Bolivia, Colombia, Ecuador, and Peru. The Manual reflects a consensus among the Offices on most points. It has been a collective effort that will help improve competitiveness and innovation.
It should be noted that the Manual is a non-binding document for the offices; however, as a technical document, it serves as a reference for examiners and a working tool. The Manual is intended as guidance and will strengthen the work of the examiners.
According to the announcement, the Manual will be published so that all users can use it as a tool, just at the Andean Patent Examination Manual is currently used.
It will be interesting to see the Manual´s review by designers and Intellectual Property specialists, and we hope it encourages the registration of industrial designs in the region, as Andean countries undoubtedly have creativity and ingenuity in their DNA.
Article published in Marcasur.
