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.
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    La protección jurídica de la gastronomía tradicional en Colombia a través de la propiedad industrial : caso de estudio la Lechona Tolimense
    (Universidad EAFIT, 2025-11-14) Méndez Ortiz, María Catalina; Correa Márquez, María Camila
    This research analyzes the legal possibilities for protecting traditional Colombian cuisine, with an emphasis on the case study of “lechona tolimense” as a representative example of typical dishes in the country. The study provides a comprehensive analysis of the main applicable legal instruments, such as designation of origin (D.O.), trademarks in their various categories (collective, certification or country brand), and complementary figures such as the Colombian Gastronomic Seal and intangible cultural heritage. From a comparative law perspective, international mechanisms such as traditional specialties guaranteed (TSG) and geographical indications (GI) are also studied in order to identify good practices and strategies that can be replicated or adapted to the Colombian context. The analysis shows that, depending on the desired protection approach, Colombia has both industrial property and public law tools to support traditional gastronomic products and dishes. However, these concepts have been little explored and applied in relation to traditional cuisine, which limits their recognition, positioning, and preservation in national and international markets. It should also be noted that the protection of dishes should not be restricted solely to their name or designation through trademarks, but should also include the ancestral knowledge, techniques, and skills that determine their quality, identity, and cultural value. Finally, based on international experiences, it is proposed that Colombia should promote more robust initiatives to legally protect its gastronomic heritage, encouraging both the preservation of this knowledge and the local economic development and international positioning of national cuisine.