Abstract

LLAIN ARENILLA, Shirley. Geographical indications in the Free Trade Agreement Colombia-United States: from the harmonization of WTO international policies to the FTAs. Bol. Mex. Der. Comp. [online]. 2017, vol.50, n.150, pp.1179-1214. ISSN 2448-4873.

This article is part of a study on policy measures on industrial property that Colombia has implemented to fulfill its obligations under the FTA with the United States. Among these measures we find the Decree 729 of 2012 with which Colombia ends up accepting changes to its rules on the protection of geographical indications (GI) to accommodate the rules established by the U.S. in this subject. Thus, first, we will study the regulation of GI in the WTO to show how the lack of consensus on which system of protection of GI should prevail has led to a conflict between the United States and the European Union that is reflected in trade agreements with other nations. Then, we will analyze the main changes the Colombian Legal System experiences with the protection of GIs through collective or certification marks and the application of the priority rule that operates in the trademark system of the United States. Finally, we will present conclusions about the possible solutions that may be adopted to eliminate the consequences that this situation can bring for international trade players in Colombia.

Keywords : Geographical indications; free trade agreements; priority rule; certification marks; collective marks.

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