Revista La Propiedad Inmaterial

Protection through invention patents of gene therapies in Colombia with a focus on public health: CAR-T case study

2025-06-26T14:38:41-05:00

CAR-T gene therapy, an immunotherapy to treat cancer by genetically modifying T cells to attack and destroy cancer cells, has marked a new era in the fight against cancer. However, access to the therapy is uncertain due to its technical complexity and high prices. For this reason, it is important to build local research, development and innovation (R&D&I) capabilities that will make it possible to expand the availability of the therapy in the medium and long term, both in terms of supply and price.

In terms of intellectual property, freedom to operate is essential, as it allows local industry to make use of technologies without the risk of third-party lawsuits. Strict patentability criteria and patentability exceptions play an important role in ensuring such freedom. For this reason, this article seeks to identify whether there are patentability mechanisms in the applicable intellectual property system on pharmaceutical inventions that can be implemented to expand the local freedom of operation associated with CAR-T gene therapy.

The artist's black swan: the application of the fair use doctrine to the challenges of digitisation of artistic works

2025-06-26T14:38:40-05:00

The aim of this article is to present the doctrine of fair use as the most efficient way to face the challenges presented by the digitization of artistic works within the framework of copyright in the Spanish legal system. The background is to try to find out what uses can be made by the owner of an artistic work protected by the right to transform it and whether the current regulation offered by domestic legislation has become outdated by the current digital environment. In practice, the need has arisen to propose a common law solution.

A technical-conceptual approach to the new technologies applied in the field of intellectual property will be included, as well as a media ruling in Spanish law related to the digitization of artistic works. The analysis will determine whether fair use is the most efficient mechanism compared to a possible conventional legal solution; therefore, a study of this doctrine will allow us to examine its jurisprudential application and assess the viability of its legislative implementation.

Unconventional undetermined brands

2025-06-26T14:38:38-05:00

The world of distinctive signs is a scenario that develops at the same pace as the market for goods and services. That is, as soon as the market seeks to innovate in order to stand out and remain competitive, the context of brands follows this pace, since it represents a transcendental intangible for merchants. It could be said that brands are the letter of introduction in the market and, beyond that, the face that the consumer remembers and becomes familiar with.

That is why signs have been evolving and innovating throughout history. Today we have concepts of distinctive signs that did not exist thirty years ago, such as brands that are not perceptible by sight, which find their existence through other senses such as touch, taste and smell. In this paper, three cases will be examined regarding brands that are not perceptible by sight.

Intellectual property in Chile 2025, 30 years after the approval of the trips agreement

2025-06-26T14:38:37-05:00

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) essentially contributed to the globalization of intellectual property and its impact is still in force, even 30 years after signing this treaty. Thus, in Chile, TRIPS has been in force since 2000 and has implied a real transformation and gradual modernization of intellectual property provisions, both copyright and industrial property, which this article presents through the most relevant milestones.

With the help of synoptic tables, the most relevant characteristics of the TRIPS Agreement, and subsequently of Chilean intellectual property laws, are illustrated in a clear and simple manner. These comparative tables show the distinctive criteria of each of the industrial property rights (trademarks, the different types of patents, geographical indications and trade secrets) and then copyright and related rights. The objective is to present in a clear, quick and compressed form the current state and situation of the intellectual property system in Chile and its categories.

Considerations on the role of the constitutional court of Guatemala in the field of intellectual property

2025-06-26T14:38:34-05:00

This article examines the jurisprudence of the Guatemalan Constitutional Court in cases related to intellectual property law. The aim is to offer a comprehensive perspective on the role of constitutional jurisdiction in the country’s intellectual property system. The study presents a broad overview and critical analysis of the Guatemalan Constitutional Court’s rulings related to intellectual property, the type of matters that are addressed by the Court, as well as the content and relevance of such rulings. The article also aims to propose a strengthened role for the Constitutional Court in this topic, to allow for the adoption of criteria, through precedents, regarding substantive matters of intellectual property law within the constitutional sphere.

Analysis of the European and Latin American models regarding the cross-border management of copyright in musical works

2025-06-26T14:38:32-05:00

The exploitation of musical works in digital environments poses challenges for collective management organizations due to their territorial limitations, which has led to the development of multiterritorial licensing models. This article analyzes and compares two approaches: the cross-border licensing regulation established by Directive 2014/26/EU in Europe and the LatinAutor one-stop shop, based on regional cooperation among collective management organizations and publishers in Latin America. The methodology includes a chronological analysis of the background, a detailed comparison of both models, and a synchronic analysis of their current implementation. The research argues that, although Europe has made regulatory progress on multiterritorial licensing, the LatinAutor model offers greater advantages for the management of musical repertoires, benefiting both rights holders and users. This study contributes to the discussion on collective management and licensing in the digital market and suggests that LatinAutor’s one-stop shop represents a more effective solution to the challenges of licensing and administering musical works in digital environments.

Should Airbnb pay royalties for public communication?

2025-06-26T14:38:30-05:00

Disruptive emerging technologies not only enhance efficiency but also create novel goods, services, practices, spaces, markets, and businesses, fundamentally reshaping social, economic, and political landscapes. The real estate market illustrates this, where the investment focus on housing has, in some contexts, overshadowed its primary residential purpose, leading to a rise in short-term rentals over traditional leases. This trend raises IP concerns regarding temporary rentals (excluding hotels) facilitated by platforms like Airbnb. Current copyright interpretations of “public communication,” particularly by collective management bodies, often exempt these rentals from levies, not considering them a “new public.” This paper will examine the legal definition of “public communication,” especially within the collaborative economy, analyze recent court rulings, and detail the operational structure of digital intermediaries like Airbnb in the temporary accommodation sector.

The performance work and copyright law

2025-06-26T14:38:29-05:00

On December 7, 2007, the Congress of the Republic of Colombia enacted Law 1170 of 2007, known as the Eva Law or Theater Law, which focuses on the performing arts, particularly addressing incentives and financial support for this sector. However, it proves insufficient, as it neither establishes a special economic fund nor extends the proprietary rights already enshrined in existing legislation for performers and executors of stage works. In contrast, Laws 1835 of 2017, or the Pepe Sánchez Law, and 1403 of 2010, or the Fanny Mickey Law, do expand proprietary rights by incorporating a patrimonial right for authors and performers of audiovisual and cinematographic works in compliance with the Beijing Treaty. This entails the right to receive an additional equitable remuneration for acts of public communication, including making the work available and commercial rental, which must be paid directly by the party responsible for the public communication. Nevertheless, this right does not extend to the performing arts sector, creating a disadvantage for this field and underscoring the need to delve deeper into the copyright regime governing such unique works.

Moreover, performance art, due to its inherent characteristics, may give rise to tensions regarding authorship, registration, the definition of the work, and the art market. This article examines concepts put forth by various authors regarding performance art and provides an overview of intellectual property legislation at both national and regional levels to contextualize such works within the legal framework. Additionally, it proposes a legal characterization of performative works, addressing their creation, public communication, and documentation, highlighting potential tensions and seeking to mitigate this complexity to render the legal-artistic relationship more comprehensible.

The derivative work: Analysis of the alteration in the musical arrangement and the essential elements of the musical work

2025-06-26T14:38:27-05:00

This article delves into the concept of derivative work, by analyzing the modifications of the elements of an original musical work, making use of comparative law and the study of the most recent cases in Colombia. It also looks at whether the modifications or alterations to the original work must be of substance, and whether they must include alterations to the melody and/or lyrics; on the other hand, it addresses the cases of splitting or sampling of the original work, and whether its modification to the rhythm or BPM would be understood as derivations, depending on the fragment used and its sonorous distinction from the original work. Finally, this article will expose possible application to exceptions to copyright related with the element’s modifications for musical arrangements and medleys.