Court limits obligation to request PIS expediting IP litigation
March 24 2023
andean community
The Andean Community Court of Justice (ACC), through Prejudicial Interpretation 391-IP-2022, ruled on the applicability of the “interpretative criterion of the clarified act”, which allows for not requesting Prejudicial Interpretation (PI) from the ACC, in those cases where the court has already been heard on the content and scope of the Andean norm to be applied by a judge of one of the Andean Community members when settling disputes e.g., in industrial property, copyright, competition, and like cases.

Moreover, the Andean Court declared that said criterion is indeed applicable and therefore, the obligation for a national judge to request a PI before the Andean Court is limited in four scenarios: i) when the ACC has not interpreted the Andean norm that must be applied in the resolution of the case by the national judge; ii) when the ACC has already interpreted one of the Andean norms to be applied but has not done the same on other Andean norms that must also be applied by the national judge when settling the same case; iii) when the national judge considers that the ACC must specify, apply or amend the interpretation previously given to the Andean norm applicable to the case; and iv) when the national judge has unavoidable concerns regarding hypothetical situations that are linked to the Andean norm that has already been interpreted.

In other words, it will no longer be mandatory to request a PI before the ACC in absolutely all cases. This decision streamlines litigation in Andean member states given it would take the ACC anywhere from 6 months to one year to issue a PI.

Source in Spanish.