What Is The Purpose Of The Prejudicial Interpretation Mechanism In The Andean Community?

The objective of the preliminary interpretation mechanism is to guarantee the uniform and coherent application of the rules of the Andean Community legal system by national judges. This mechanism is activated when national judges must resolve a controversy that involves one or more rules of community law. Furthermore, according to the interpretive legal criterion, it is not necessary to issue a new ruling if the Court of Justice of the Andean Community has already previously interpreted the norm in question. In the specific case mentioned, it is declared that the articles consulted constitute a clarified act, which is why it refers to the previous preliminary interpretation to resolve the query. In relation to article 165 of Decision 486, it is established that the phrase “at the request of an interested person” can be understood without restriction, allowing any person to apply for, register and use an identical or similar trademark. This interpretative criterion is based on a previous ruling of the Court of Justice of the Andean Community, which establishes that there is no limitation to determine that a person has an interest in the application.

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