Revista Iberoamericana de la Propiedad Intelectual

The Validity of Trademark Use on Digital Platforms. An Interpretive Approach to Current Chilean Regulations

2025-07-21T12:28:01+00:00

Industrial Property Law No. 19,039 establishes the possibility of extinguishing the registration through a revocation action due to the lack of actual and effective use of the trademark in Chile. However, the law does not specify whether the use of the trademark on digital platforms meets this requirement, which poses new regulatory challenges for the legal system, given that the digitalization of commerce has transformed the way distinctive signs are protected and used. This reveals a legal gap regarding the validity of the digital use of trademarks in search engines, online advertising, and e-commerce platforms. This study seeks to analyze the regulatory gap regarding trademark use on digital platforms in Chilean law and what criteria could be adopted to ensure adequate protection. To achieve this objective, the experiences of the European and American systems are examined, comparing them with the national legal system, and thus clarifying the most appropriate model in the current context, where the protection of the trademark right holder is balanced against the evolving nature of digital commerce. In the case of Chilean law, in the absence of express regulation, certain clear interpretative criteria are proposed for applying current legislation to new digital contexts. We base our analysis on the principles of territoriality, the purpose of use, and the distinctive function of the trademark to recognize the validity of digital trademark use without the need to amend current legislation.

Compulsory Licensing of Pharmaceuticals in the Andean Community: Critical Analysis of the Regulatory Framework and Proposal for Objective Criteria

2025-07-18T22:21:02+00:00

This paper analyzes systematic deficiencies in the Andean regulatory framework for pharmaceutical compulsory licenses, identifying the need for objective criteria and standardized procedures. Through comparative legal-dogmatic analysis and multiple case studies, including the paradigmatic Opinion 004-2024 on Dolutegravir in Colombia, four structural problems are identified: subjective evaluation criteria, absence of rigorous analysis of alternatives, procedures lacking transparency, and insufficient assessment of innovation impact. The research develops an original theoretical framework based on specific proportionality tests and proposes quantifiable criteria to balance access to medicines with pharmaceutical innovation incentives. It concludes that the current system allows arbitrary decisions that compromise legal certainty, proposing comprehensive reform that includes objective public interest indicators, transparent procedures, and periodic review mechanisms.

The Challenges of Intellectual Property in the Traditional Expressions of Indigenous Peoples

2025-07-18T22:21:02+00:00

Traditional knowledge—which encompasses wisdom, experience, skills, and practices developed, maintained, and transmitted from generation to generation—has an intrinsic value that transcends the merely economic. This article comprehensively examines the challenges and theoretical trends facing intellectual property protection systems for the protection of traditional expressions of Indigenous peoples and traditional knowledge worldwide. To this end, it employs systematic documentary research that incorporates the dogmatic legal method and comparative law. The guiding question is what the challenges and theoretical trends are in the protection of intellectual property for traditional expressions of Indigenous peoples. The results present the challenges that limit the protection of intellectual property for traditional expressions of Indigenous peoples and the theoretical trends used for their protection. This research concludes that the protection of intellectual property contains historical barriers inherent to Indigenous peoples rooted in international and national legislation, and that challenges arise—such as the consequences of colonialism, globalization, and industrial development—that are insurmountable beyond the will of States. Alternative theoretical and methodological trends are conceived, such as the sui generis approach to the protection of traditional knowledge and traditional cultural expressions, in addition to the co-management of Indigenous peoples' cultural legacy, self-regulation, and recognition of customary law. The importance of ensuring social justice, equity, heritage preservation, and strengthening Indigenous cultural identity are also evident.

Biases in Artificial Intelligence in the Health Sector: A Systematic Review in the Ibero-American Context

2025-07-18T22:21:03+00:00

Artificial Intelligence (AI) has emerged as a transformative tool in the healthcare field, offering the promise of improving diagnostics, optimizing treatments, and promoting more efficient medical care. In the context of the 2030 Agenda for Sustainable Development, the adoption of digital technologies is essential to achieving universal health coverage and protecting communities during health emergencies. However, the expansion of AI in health has raised concerns about the possibility of perpetuating or amplifying pre-existing biases. Research in this field has been dominated by Anglo-Saxon countries, leaving a gap regarding the status of AI in health in Ibero-America. Thus, this article is a systematic review aimed at analyzing the scientific literature on the use and biases of AI in the health sector in Ibero-American and Latin American countries, in order to identify the main areas of application, challenges, and research gaps compared to studies conducted in Anglo-Saxon countries. It also examines the legal and ethical implications of these biases, considering the need to develop regulatory frameworks that protect patients' rights and promote equity in healthcare. Finally, recommendations are proposed for future research and policy development to address data representation and transparency in the use of AI in health, with the goal of mitigating biases and ensuring fair and equitable medical care.

Intellectual Property Protection in the Software Industry: A Systematic Review

2025-07-18T22:21:03+00:00

The protection of intellectual property in the software industry, particularly copyright, is increasingly crucial. This paper delves into the legal and technical challenges of safeguarding software, highlighting the ambiguity in its classification as a good or service, the reuse of protected code, and the lack of international legal harmonization. Through a systematic review of 28 scholarly articles using the PRISMA methodology and databases such as Scopus, Web of Science, and Google Scholar, three key categories were identified: Copyright (100%), Patent (46%), and Trade Secret (4%). Bibliometric analysis reveals a surge in the study of software copyright since 2019, though without significant advancements in 2022 and 2023, indicating a research gap. In Latin America, Brazil and Colombia stand out in this field, while other countries like Peru focus more on patents. Moreover, the impact of emerging technologies such as artificial intelligence, advanced algorithms, and cloud-based software is explored, presenting novel challenges to authorship and legal regulation. These advancements underscore the necessity of revisiting and adapting laws to address the specific characteristics of modern software. Regarding piracy, an evolution in countermeasures is observed, driven by globalization and technological advancement, although the response in Latin America has been slower due to economic and social challenges. The study concludes that a flexible and tailored approach is essential to protect software, stimulate innovation, and address the legal complexities of the digital age.

The Spanish Office of Copyright and Related Rights (OEDAC). Comparative study with other countries in Europe and América

2025-07-21T19:36:04+00:00

This article analyzes Spanish Bill number 121/000013 concerning the future creation of the Spanish Office of Copyright and Related Rights (OEDAC), whose latest version was published on November 7, 2024, and compares other equivalent offices or institutes in other countries in Europe and America, such as INDAUTOR in Mexico, focusing the analysis on the functions and competencies of this new Office. To achieve this, firstly, Copyright will be defined, along with its importance, its Registration, and how it can be protected. Secondly, the functions and activities of the OEDAC as outlined in the bill's rationale will be presented. Following that, a comparative analysis will be conducted with European countries such as Portugal, Belgium, Italy, and the United Kingdom, as well as North American countries such as Mexico and the United States. Finally, the reader will find some conclusions and recommendations.

Technology Transfer in Public Universities: Activities, Structures, and Outcomes in the Management of Their R&D Intangible Assets

2025-07-18T22:21:03+00:00

The objective of this research is to identify the actions that public universities in Ecuador use to leverage the results generated from R&D projects through technology transfer (TT) processes, and how the inventions generated are utilized by the external environment. The literature review highlights topics such as the importance of public policies in TT, universities' knowledge absorption capacity, intellectual property (IP) management, facilitators and barriers in TT, and the role of institutional structures like transfer offices and innovation spaces. A total of 34 public universities were analyzed. Data collection was conducted using secondary sources, such as institutional repositories, publicly accessible websites, and intellectual property databases. These sources provided information on guidelines, structures, activities, and results related to TT in universities. The results show that 91% of universities have strategic guidelines for innovation, but only 50% include actions to protect research results. In terms of TT structures, 32 universities have continuing education centers, and 82% have innovation hubs. Regarding intellectual property (IP) management, universities carry out activities such as patent applications and the creation of spin-offs or start-ups. However, only 21% have implemented comprehensive regulations covering innovation, IP, entrepreneurship, and TT. The main barriers are the lack of funding and the disconnection between universities and the productive sector. Regarding the conclusions, it is emphasized that, although universities are making progress in implementing TT guidelines, they still face challenges, especially in terms of IP protection and the commercialization of their inventions.

Taxation of Technical Assistance

2025-07-18T22:21:03+00:00

This work aims to address controversial issues regarding technical assistance and technology transfer, in their tax aspect. Initially, the most relevant definitions for the purposes of this work will be addressed. Next, the presumption of income and its consequent reduced income tax rate for payments abroad for technical assistance services and the mandatory registration in the INPI of technology transfer contracts will be addressed. This seeks to clarify discussed issues for one of the topics that unite intellectual property and tax law. In conclusion, the different legal doctrines that arise from the reviewed jurisprudence are outlined.

"Caducidad por no uso de la marca comercial en la ley chilena de propiedad industrial. Consideraciones para su aplicación práctica" by Mabel Cándano Pérez

2025-07-18T22:21:03+00:00

Book review of "Caducidad por no uso de la marca comercial en la ley chilena de propiedad industrial. Consideraciones para su aplicación práctica" by Mabel Cándano Pérez.

"Derecho de las nuevas tecnologías" by José Manuel Magaña Rufino (Coord.)

2025-07-18T22:21:04+00:00

Book review of "Derecho de las nuevas tecnologías" byJosé Manuel Magaña Rufino (Coord.).

"El Derecho de Propiedad Intelectual de los Consumidores" by José Carlos Mallma Soto

2025-07-18T22:21:04+00:00

Book review of "El Derecho de Propiedad Intelectual de los Consumidores" by José Carlos Mallma Soto.

"La Biblia del derecho creativo" by Ezequiel Canle Santamaría y Agustina Laboureau

2025-07-18T22:21:04+00:00

Book review of "La Biblia del derecho creativo" by Ezequiel Canle Santamaría y Agustina Laboureau.