Joint and agreed treatment of intellectual and industrial property. Protection mechanisms for its greater significance and practical projection

Abstract

The objective of this study is to verify that the matter addressed, related to intellectual and industrial property, deserves special legal protection since there are sufficient grounds for it. Different positive solutions are accepted and interpreted, gaining projection and even separating from a more traditional construction or application in order to, in terms of prevention of infringements and, in any case, in their subsequent repair, react in Law by deploying effective measures that seek the most complete satisfaction.

The challenge is to offer a joint and unified treatment, as understood by the World Intellectual Property Organization, invoking different precepts that are shown separately in our Law, giving concordance and framing in the categories that we distinguish in this study. For this, a constitutional referent of direct effectiveness is cited, firstly, which is not merely programmatic; and the coherence in the development of the legal framework is verified with a panoramic vision and location of sufficient resources with a projection in intellectual and industrial property. In short, it is about addressing normative immersion, agreed treatment and extensive interpretation for the greatest projection, significance and protection, moreover offering a systematic with which to give order to the study.