Examinando por Materia "Marcas no tradicionales"

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    El rol de las marcas como mecanismos de protección legal en la industria de la moda
    (Universidad EAFIT, 2023) Delgado Ramírez, Isabela; Pava Gutiérrez De Piñeres, María Alejandra
    The fashion industry, understood as the economic and industrial activity that aims to regulate the interactions and commercial relations of fashion, is one of the most important industries today, with global revenues of 1.7 trillion dollars in 2021 (Fahion United, n.d., para. 6). However, this industry has a number of particularities that make its legal protection not only necessary, but also unique to the industry. Thus, characteristics such as the constant search for trends, the constant change and dynamism, the prevalence of intangible assets resulting from the ingenuity of designers, or the dual utilitarian and aesthetic dimension of fashion designs make it necessary to have a robust legal regime that responds to the particular needs of this industry. Among the multiple legal protection mechanisms that have been established in order to safeguard the designs of the fashion industry and to promote originality and innovation, the Intellectual Property regime is a mechanism that is considered essential, since it offers different legal alternatives that manage to provide protection for the intellectual creativity of designers. In particular, trademark law has become a recurrent mechanism used by designers and fashion houses to grant legal protection to their logos and expressions, but also to more particular elements such as designs and elements within them. This is because trademarks enable the construction of close relationships between consumers and entrepreneurs. Thus, said signs create an almost immediate association of concepts and positive feelings towards a particular business origin. On the other hand, trademarks provide more durable legal protection than other Intellectual Property rights, such as industrial designs or copyrights. Therefore, trademarks become allies of the fashion industry and manage to grant extended legal protection to several aspects of the fashion industry that, traditionally, did not enjoy an effective protection mechanism. This research will define the different ways in which trademarks, both traditional and non-traditional, can provide legal protection to the fashion industry. In addition, cases from the Colombian context will be used to evaluate the effective materialization of trademarks in the fashion industry. On the other hand, reference will be made to recognized cases from around the world, with the aim of demonstrating the different nuances and understandings that are generated around trademark protection in the fashion industry. In accordance with the above, the challenges faced by the fashion industry in terms of trademark protection will become evident from this analysis. Among these challenges are the lack of homogenized criteria in relation to non-traditional trademarks, the possible limitation to free competition by granting undefined trademark rights, and other criteria that will be developed in this research. Finally, mention will be made of possible alternatives to be implemented as a mechanism for resolving the problems raised throughout the research.