Analysis of judgments regarding the trademark regime in Colombia, and their impact on the rights of their owners

Abstract

The present article is based on a hermeneutic legal design and an interpretative and qualitative paradigm of the primary source, in this case, court rulings and a survey of entrepreneurs. Qualitative studies typically do not aim to generalize results probabilistically to larger populations or necessarily obtain representative samples; (Hernández Sampieri, 2018).

This research conducts an analysis of rulings issued by the SIC regarding litigation related to trademark law and its potential implications for unfair competition, the impact on the rights of trademark holders, as well as the effects on entrepreneurs and consumers.

Therefore, it explores, describes, understands, and reflects on the historical evolution of trademark law in light of the research question: Does the entrepreneur know about trademark law and its positive and negative rights?

Initially, a historical overview of the concept of trademarks, various international conventions, and their adaptation in Colombia is provided. This analysis is based on positive and negative rights protected under Colombian and international law of the Andean Community of Nations, in accordance with Decision 486 of the CAN. The objective is to determine the prevalence of rights derived from the use or registration of trademarks based on rulings issued by judges and the Superintendence of Industry and Commerce from 2001 to 2022.

The study analyzes, within the context of rulings issued by the Superintendence of Industry and Commerce between 2001 and 2021 and by judges, the scope of trademark-related rights concerning their use or registration and assesses the level of understanding of trademark law among entrepreneurs in Caucasia, Antioquia.

The results of the investigation reveal that the sample of surveyed entrepreneurs demonstrates a lack of knowledge regarding industrial property rights, specifically trademark law and its business implications. This includes the registration process with the SIC, their positive and negative rights, the protection of their business and consumers. Evidence of this is seen in the types of lawsuits filed with the SIC, many of which would be unnecessary if entrepreneurs were familiar with trademark law regulations.