La denominación de origen y el alcance de su protección
Appellations of Origin (AOs) are often located as one of the indications of Source´s species. However, Andean Decision 486 places the aforementioned as Geographical Indication´s species. Given their definition and legal requirements to obtain their protection, AOs arise as special distinctive signs...
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| Format: | Article |
| Language: | Spanish |
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Universidad Externado de Colombia
2009
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3135157 |
| Source: | Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 13, 2009, pags. 41-58 |
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| Summary: |
Appellations of Origin (AOs) are often located as one of the indications of Source´s
species. However, Andean Decision 486 places the aforementioned as Geographical
Indication´s species. Given their definition and legal requirements to obtain
their protection, AOs arise as special distinctive signs widely protected. Indeed,
because AOs are indicators of a specific origin which creates a special and prestigious
good, and since their ex-officio registration, these signs are enforced even before
the issuance of the Administrative Act which declares its protection. Therefore,
they are set apart from Indications of Source, as the latter do not have a particular
place or time of creation and the identified good does not need to have an added
value that justifies exclusive appropriation. AO are especially protected since,
while they belong to the National Authority and identify a collective reputation,
the prohibition to using or registering a sign that reproduce, contain or resemble
them is absolute and not limited to likely violation of Owner´s rights. |
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