Providencias preventivas en materia de propiedad intelectual : medidas cautelares judiciales.

Abstract

With the reform that is given to the General Organic Code of Processes (COGEP), part of the Organic Code of the Social Economy of Knowledge, Creativity and Innovation, it can be determined that the first adds an article number after the 133 of COGEP, legal standard This refers to preventive measures in Title III of Book II from articles 124 to 133. Hence, the main action in intellectual property matters is exercised by virtue of positive observance, that is, it will give rise to the exercise of judicial and administrative actions, in accordance with what is established in Art. 540 of the Organic Code of the Economy Social Knowledge, Creativity and Innovation; Therefore, this action must be preceded or not by a request for preventive measures, must be substantiated by summary procedure and before civil judge. From the aforementioned, significant conclusions are determined within the legal action. This conjunctural study between the two codes allows to have a clear idea about the progress of the preventive measures and the importance of these within the process.