In Andorra, the defense of intellectual and industrial property rights gains importance and becomes effective

In Andorra, the defense of intellectual and industrial property rights gains importance and becomes effective

Holders of intellectual and industrial property rights have become aware of the importance of protecting their rights by registering with OMPA in Andorra. However, registering a trademark, a patent, or holding a copyright is one thing, and defending that right against third parties is another. In other words, the defense of rights is of paramount importance to position oneself in the market and give meaning to the investment effort that the registration phase represents, for example, of trademarks and/or patents.

Civil liability for infringement of intellectual and industrial property rights in Andorra depends on several factors. Setting aside the extrajudicial phase, the defense is carried out by filing a lawsuit with the Batllia and the magnitude of the infringement is taken into account. The criteria established by the Law to calculate damages are the losses suffered by the holder of the infringed right and their loss of profits.

The sentences handed down by the Batlle are accompanied by a conviction for procedural costs that the infringer will have to bear.

It is crucial that the Andorran legal framework provides holders of intellectual and industrial property rights with effective protection, and the Batlles have solid experience in trademark law matters. To illustrate significant cases, we are satisfied with a Judgment issued on April 27, 2022, by the Civil Section 4 of the Batllia of Andorra in a trademark case in which we defended the interests of the American company INSTAGRAM: we were able to cancel the infringing INSTA brand, which designated services similar to those of INSTAGRAM. The Batlle issued a well-founded and coherent judgment.

Therefore, the establishment of jurisprudence in the Principality that provides legal certainty and optimism for rights holders is a development that must be highlighted.

However, in the realm of copyright, the jurisprudential trend has not yet begun, and many conflicts on this matter are resolved during the extrajudicial phase.

Internationally, one of the fundamental conventions on copyright is the 1886 Convention on the protection of artistic and literary works. This Convention harmonizes the rules on copyright.

Copyright protects works merely by their creation. Unlike industrial property rights, copyright does not require any registration with an intellectual property office.

However, in the United States, there is the copyright office which allows copyright holders to provide proof of the creation of their work and its creation date. It constitutes a tool to consider when defining the global strategy for protecting artists’ copyrights.

I see a great willingness of the Principality to identify new talents in this artistic field. It should be highlighted that artists are magnificent ambassadors that allow creating and developing international projects from their structure in Andorra.

One of Auge Holding Group’s ambitions is precisely to be a valid interlocutor to channel and boost quality projects in a practical and concrete way.

Jonathan Hinkson

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