Intellectual Rights 24. Volume 2

Intellectual Rights 24. Volume 2

Intellectual Rights 24. Volume 2


When reviewing the articles in number 24 of “Intellectual Rights”, our flagship publication, the following words come to mind: Youth and democracy. Youth, because most of the articles contained in the two volumes were written by young members of the association who with their curiosity and interest illustrate in these pages about the various issues that concern them. Democracy, because the essays published in this book cover almost the entire spectrum of intellectual property, from classic topics such as trademark protection and copyright to artificial intelligence through traditional knowledge, genetic resources, law to the personal image, the use of mediation to prosecute crimes against intellectual property and criminal liability of legal persons. If the basis of democratic states is legal security and the existence of clear rules of law, all of our collaborators help us to better understand the current regulations on intellectual property.

- Elisabeth Siemsen

Acuerdos de licencia de marcas: nociones básicas por <strong>Raúl Pereira Fleury Montserrat Puente</strong>

Brand use license agreements optimize brand performance. As they are generally agreed in writing, their correct wording is an essential matter. This article aims to shed some light on the conditions commonly found in these types of agreements, along with some editorial recommendations. Separate chapter deals with the analysis of the benefits of international arbitration in this matter.

Analysis of slogans protection in the Andean Community por <strong>Octavio Alvarez</strong>

: Industrial Property is regulated in the Andean Community through Decision 486-Common Provisions on Industrial Property, where it is distinguished, in a very clear way, what should be understood as a mark and what should be understood as an advertising slogan. The law states that the basic function of a mark is to distinguish a product or service within the market from other products or services of competitors. The basic function of a slogan is to complement a mark in its use in the market. Therefore we can say that the correlated “object” of a slogan, it is not the product or service itself, instead, it is the mark that is going to be applied to the particular product or service. As a consequence, slogans are, basically, an advertising tool to promote the trademark in the market. In this regard, why do slogans are only accepted just as a word or a combination of words?. is this not a too restrictive way to protect such an important advertisement tool? Is this definition according to the present market reality and necessities? We are facing all the above-mentioned conflicts because the slogan definition is not broader enough to comply with the market and advertising reality. We suggest that it should be permitted the registration of signs composed by a word, combination of words, words and devices, just images or any other combination. The advantages of this proposal could imply freedom to operate and choose the appropriate type of protection, no need to directly prove the use through invoices or financial reports, no renewal needed, cheaper maintenance and possibility to enlarge the IP portfolio. We believe that the path that should be followed can be going from slogans to “advertising distinctive signs”.

El usufructo de marcas en Colombia por <strong>Tomás González Torres Margarita María Rivera Salas</strong>

The usufruct of a trademark or the right to use and enjoy the fruits of property over a trademark registration, is a mostly unknown and unused figure in Colombia, due to this situation many people and companies disregard the commercial utility of this right. Even though Decision 486 of the Andean Community does not develop this figure, it is a practice that has been accepted on several occasions by the Colombian Trademark Office, being so we will concentrate our efforts in this essay on explaining its principal characteristics and possible commercial benefits.

Marcas no tradicionales en la Comunidad Andina por <strong>Carolyn Hiromi Hamada Jacinto</strong>

The situation of non-traditional brands (sound, olfactory, taste, touch) in the Andean Community is analyzed. Decision 486 of 2000 mentions sound and olfactory marks – not taste or touch – but does not indicate specific criteria for registration.

Conflitos de trade dress e os novos parâmetros adotados pelo Superior Tribunal de Justiça no Brasil por <strong>Paulo Parente Marques Mendes y Bárbara Angela Leitão</strong>

Considering the recent rulings of the Brazilian Superior Court of Justice regarding the need for expert evidence in cases involving the violation of third parties trade dress (or, as it can also be found in Portuguese, “the image set”), the aim of this article is to assist the operators of the Intellectual Property and Unfair Competition fields who face challenges on a daily basis with respect to such issues.

Teoría de la aproximación por <strong>José Carlos Tinoco Soares</strong>

Neste artigo lançamos para o conhecimento geral uma “nova teoria” na proteção e na defesa dos direitos dos titulares de marcas de prestígio, conhecimento e boa fama. Trata-se da “teoria da aproximação” pela qual combate-se o ato ilícito planejado, adrede elaborado, de premeditação e de equivalência que, pelo emprego de marca semelhante, causa erro, dúvida e alcança a confusão entre os produtos e/ou serviços prestados.

El secreto empresarial y los sistemas de gestión de cumplimiento por <strong>Diana María Bastidas Ocampo</strong>

Trade secret protection demands, among others, the rightful holder to take the reasonable measures to conceal it. To this end, the author suggests the implementation of an intellectual property compliance management system within organizations, which includes the trade secret risk management. Also, the author proposes to apply and harmonize other compliance management systems and programs within organizations, such as the personal data protection compliance program and the anti-corruption ethics and compliance program.

Los derechos de autor y derechos conexos en las convenciones internacionales y su aplicación a contenidos audiovisuales por <strong>Ignacio Andrade Aycinena</strong>

Copyright and related rights are protected in various countries from two perspectives: the European system and copyright. This dichotomy creates problems such as the lack of harmonization and difficulties in reconciling the content and extension of copyright on audiovisual works, phonograms and related rights. This article analyzes this problem from the Central American perspective.

Modificaciones a la legislación mexicana sobre propiedad intelectual propuestas por el T-MEC por <strong>Claudina González Muñoz</strong>

This essay deals with the modifications and additions proposed by the intellectual property chapter of the United States-Mexico-Canada (T-MEC) agreement on mexican legislation. The provisions regarding copyright, trademarks and patents will be specially analyzed and a comparison will be presented between those standards and those contemplated in the North American Free Trade Agreement (NAFTA) in force since 1994. The agreement was signed in November 2018 and it has not begun to govern since it is pending to be ratified by the congresses of the three countries.

Retos para la protección de los derechos de propiedad industrial en Cuba por <strong>Yeney Acea Valdés</strong>

Intellectual rights are important financial resources in the business world, so it is priority to give them an appropriate protection, although it can be highly difficult. The current work is the result of the analysis of the main institutions that companies can use to develop their activities, the protection mechanisms for these institutions and their management, with special attention to the Cuban system.

La imitación de bienes inmateriales: un análisis desde la propiedad intelectual y la competencia desleal por <strong>Carlos Urquieta</strong>

This paper refers to the phenomenon of imitation of intangible assets in their legal dimension, as regards their characterization, namely the way in which this behavior is addressed by the ordering both to allow or even encourage it, which is known as the right to imitate or principle of free imitation, as to, under certain circumstances, limit or rightfully prohibit it, whether because there is, or may come to exist, an intellectual property right, or due to the fact that such conduct is reprehensible in the competitive process because it constitutes an act of unfair competition.



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