Wednesday, 4 February 2015
In essence, a coexistence agreement may be valid and binding upon its parties only if it complies with criteria of acceptability under competition law and does not deceive consumers. Further, a set of minimum conditions have been stipulated for the purpose of ensuring that consumers are not confused.
A caveat for trade mark owners is that, while failure to satisfy the legal criteria is fatal to the acceptance and therefore the legal effect of a coexistence agreement, the fact that those criteria does not necessarily and automatically mean that the agreement will be legally acceptable.
Source: "INDECOPI releases binding administrative precedent on co-existence agreements", written by Catherine Escobedo (BARLAW - Barrera & Asociados, Lima) for World Trademark Review, 3 February 2015.