Last March the Constitutional Court of Peru, faced with a
conflict related to the rejection of the registration of a
trademark, established that the registration has no direct
constitutional support based on the right to intellectual creation
or the right to the protection of intellectual creation.
The above-mentioned dispute was originated because of the
registration of the "G-Kristal" brand by import and
export company, Goldsun before the Peruvian Trademark Office. Once
the registration of the mark was accepted by the National Institute
for the Defense of Competition and the Protection of Intellectual
Property (INDECOPI), the company Backus and Johnston S.A. initiated
a process of challenging the administrative resolution in an
attempt to revoke the above mentioned registration based on its
brand "Cristal." In response to this request, the Supreme
Court decided to revoke the registration by the INDECOPI, rejecting
the registration of the "G-Kristal" mark, in finding
