De la dilución marcaria y otros demonios
Trademark dilution is one of those complex concepts of Industrial Property regulated in almost every legislation and that the holders do not waste opportunity to wield in oppositions, appeals and judicial instances. The origin of the figure is substantially arbitrary and its concept extremely deep a...
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| Format: | Article |
| Language: | Spanish |
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2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7014469 |
| Source: | Revista la propiedad inmaterial, ISSN 1657-1959, Nº. 26 (Julio-Diciembre), 2018, pags. 29-45 |
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| Summary: |
Trademark dilution is one of those complex concepts of Industrial Property regulated in almost every legislation and that the holders do not waste opportunity to wield in oppositions, appeals and judicial instances. The origin of the figure is substantially arbitrary and its concept extremely deep and branched. This, added to the impact of Art.16.3 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), may be the reasons why trademark dilution is irregularly applied by the Industrial Property Offices. In Colombia, we can find cases of excessive application of the figure of dilution. A recent one: SD2016/0033175, will serve as case study for this article to explain some positions that lacerate the use of protection tools of Industrial Property by small and medium entrepreneurs. The case study will also serve to recognize the delicate balance that exists in the supra confusion protection of notorious marks, and how certain administrative failures allow the configuration of a virtually infinite distinctiveness. |
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