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Abstract
The article “The Andean Community Trade Mark” contains a le- gal analysis on both legal and institutional requirements necessary for the implementation of a community trade mark system in the Andean Community.
The article deepens on basic conditions for implementing a community trade mark system within a supranational integration scheme.
The European experience is studied, highlighting its positive elements and the considerable significance it has acquired in the European industrial property environment. Certainly, it is not the purpose of the article to foster the adoption of European community trade mark systems, but to make use of the advantages of such experience, in order to constitute in the future an appropriate system with new and fitting elements.
Clearly, the institution of a community trade mark system implies member states to assign jurisdiction to supranational agencies, a tough task since it demands political decisions. Nonetheless, if encouragement and development and of national industries are intended, it is indispensable to provide tradesmen and business persons with effective instruments allowing them to broaden their markets, fostering development at the same time.
This article arises from the motivation to put forward a legal alternative for consideration and discussion, as the author is a firm believer that legal studies not conveying positive proposals are efforts to no avail.
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