Examinando por Materia "Propiedad Intelectual"
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Ítem Criminalización por la violación a los derechos de autor en Colombia : análisis crítico(Universidad EAFIT, 2021) Porras Salazar, Laura; Zuluaga Arbeláez, Natalia; Escobar Vélez, SusanaThe purpose of this paper is to analyze, in the light of Colombian criminal law, whether it is really necessary to penalize the conducts that infringe copyrights or whether, on the contrary, it is possible to prosecute such conducts by different means given by the different legislative mechanisms in force in other areas of the law. For this purpose, first of all, the main concepts related to the subject matter will be addressed. Then, the assumptions for the criminalization of the conducts from the criminal point of view will be established, and it will be analyzed whether the conducts of copyright infringement are framed within such assumptions; and likewise, the possibility of such infringements being framed in other spheres of law will be reviewed. Finally, it will be determined which legislation applicable to the matter is more convenient and effective to repair the damage caused to the holders of this right by the infringement thereof.Ítem 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 EstebanThe 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.Ítem La indemnización y cuantificación por daños y perjuicios por infracciones a los derechos de propiedad intelectual en Colombia(Universidad EAFIT, 2020) Toledo Vallejo, María Manuela; Vásquez Castillo, Salomón; Márquez Acosta, AndrésÍtem Marco normativo de la economía naranja en Colombia : análisis desde el caso Uber(Universidad EAFIT, 2020) Calle Pérez, Luis David; Alzate Suarez, ErwinThe conceptualization of Orange Economy was first introduced in an academic article published in 2013, exposed by external assessors of the Inter-American Development Bank. This document was written by economist Felipe Buitrago Restrepo and actual Colombian president Ivan Duque Marquez. Although this new concept has not been adopted by traditional economists, in recent years it has been taking more importance in discussions. This trend is supported by more than 180.000 downloads of the article, achieving the most downloaded document in IDB website. (Grazzi, 2017). The election of Ivan Duque Marquez as president of Colombia in august 2018, was clearly a catalyzer for the concept and gained more relevance as it became a fundamental pillar for the government project. However, the legislator had already dictated law 1834 on May 2017 to promote this creative economy, called the “Orange Law”.Ítem Protección de las creaciones culinarias en Colombia : una mirada desde la propiedad intelectual(Universidad Eafit, 2020) Villa Siegert, Eliana; Restrepo Soto, DanielÍtem ¿Qué es el metaverso y cuáles son los vacíos y retos legales que tiene la protección de las marcas?(Universidad EAFIT, 2023) Zapata Velásquez, Andrés Felipe; Londoño Molina, Maria José; Pava Gutiérrez de Piñeres, María AlejandraÍtem 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 AlejandraThe 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.