Examinando por Materia "Propiedad Industrial"

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    El Derecho de la moda y su evolución en Colombia. Los retos legales que se derivan de la aplicación del Derecho de la moda en Colombia
    (Universidad EAFIT, 2022) Delgado Ramírez, María Paula; Duque Duque, Susana; Vélez Villegas, Juan Esteban
    The fashion industry is one of the largest in the world. However, this sector has been affected by the absence of specific legal protections for its form of operation. This situation has created the need in the legal world to modify the existing mechanisms so that they can be better adapted to the requirements of fashion protection, seeking the effective security of creativity, originality, and work in general of the people who work in this environment. In the development of this article, certain key concepts such as "fashion industry", "intellectual property", "copyright and related rights, "industrial property", among others, will be defined to show the challenges faced by the fashion industry for the protection of creative processes of both, large and small designers, within which regulatory gaps and insufficient rules on intellectual property stand out. At the same time, the legal mechanisms that have been implemented at the international level to protect the different designs of clothing, from copyright and related rights to industrial property and its different types of protection such as patents, industrial designs, and trademark registration, will be studied. On the other hand, intellectual property applied to the fashion industry in Colombia and the need to integrate into the legal system special rules known as “fashion law”, that strictly meets the needs of the fashion industry, will be addressed taking into account the legal challenges that this implies. Finally, it will be mentioned which may be the possible solutions to these legal challenges that arise in Colombia, based on international regulations, analyzing their application, status and their suitability to efficiently face such challenges and there for achieve to enhance the benefits that the inclusion of a fashion law represents for the Colombian industry.