La evolución jurisprudencial del Tribunal de Justicia de la Comunidad Andina (TJCA) en materia del nombre comercial

The objective of this research is to study the jurisprudential evolution of the Court of Justice of the Andean Community (TJCA) in relation to the scope of territorial protection of the trade name: from the early jurisprudence of the nineties to the current Andean jurisprudence, which returns to the initial position of the TJCA. Currently, the Andean jurisprudence specifies that the protection of the trade name (not registered) must take into account "the scope of operations" and the "geographical scope" of its use (Processes 42-IP-2017 and 317-IP-2017). For this purpose, the research methodology used includes the normative, jurisprudential and doctrinal aspects, which supports the decision of the TJCA to modify the position, which was wrong, by the way, that had been established in Process 99-IP-2014 ("the trade name must be protected throughout the national territory").