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ARTICLE · 18 JUNE 2003

Andean Community Trademark - Domain Name Disputes

EcuadorIntellectual Property
Amani Harrison Esq
Amani Harrison Esq

One of the more salient issues in intellectual property law has been the resolution of conflicts between rights holders in trademarks and domain name registrants. With the entrance into force of Decision 486 of the Andean Community Commission, the Andean Community nations (Bolivia, Colombia, Ecuador, Peru and Venezuela) have begun to implement measures which may address this issue. Article 233 of Decision 486 provides that if a distinctive well-known sign is unlawfully registered in a member country as part of a domain name or electronic mail address by an unauthorized third party, the competent national authority may, at the request of the titleholder to the mark, order the cancellation or modification of the registration of the domain name or electronic mail address. The national authority may only order cancellation or modification if use of the domain name or electronic mail address may cause confusion regarding identical or similar business, activities, products or services

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