Firm NewsNewsletters and BulletinsSpeaking EngagementsDomain Names E-CommercePatentsLitigationIP Rights MaintenanceIP as PropertyNews & BulletinsTrademarks
HomeAbout UsContact UsSearchQuick Search:
 

Colombia - Copyright Protection for Beverage Label Which Serves as Trademark Denied by Council of State

The Colombian Copyright Registry refused to register the beverage label of Bavaria S.A. as an artistic work on the ground that the label served as a trademark and, since the trademark elements of the label were inseparable from the artistic elements of the label, copyright registration could not be granted. In Bavaria S.A. v. National Directorate of Copyright, Bavaria S.A. appealed this decision before the Council of State. In a decision issued on February 3, 1995, the Council of State upheld the decision of the Copyright Registry, referring to Article 6 of Law 23 of 1982, which states that copyright protection in such works is only available where the industrial nature of the work can be separated from its artistic value. In this case, the label referred to a company and identified its product, so that anyone viewing the label would associate it with the Bavaria S.A. brewery. Accordingly, copyright protection is unavailable in Colombia for this type of label.


[Home] [About Ladas & Parry LLP] [Contact Us] [Search]
[Trademarks] [Domain Names & E-Commerce] [Patents & Copyrights]
[Litigation] [IP Rights Maintenance] [IP as Property] [News & Bulletins]

© Copyright 1995 Ladas & Parry - Updated on 12/13/95
Please read our disclaimer.