La marca o signo distintivo como derecho real y su oposición.

Abstract

It is clear that intellectual property is born from the intellect of the human being; these creations, considered immaterial goods, seek to be protected by guarantees or mechanisms granted by the state in order to be exclusive, valued and have a sense of their own in order to convert it into an intangible asset within the patrimony of a person. The national intellectual rights authority (SENADI) is responsible for establishing appropriate tools for knowledge management. The exercise of intellectual property rights ensures a balance between owners and users, whose function is based on the regulation, management and control of intellectual rights. The right plays an important challenge within the industrial property, and is that their goal should be framed, necessarily, in the protection of the trademarks or distinctive signs, utility models, patents, industrial designs, layout designs, among others; by means of effective ways that may lead to a solution to any conflict that is ever present in front of third parties. Despite national and international regulations, unfair competition, trademark association, trademark dilution, among other negative causes that harm our intellectual rights, continue to weaken their use and their essence until they distinguish them. That’s why the opposition, as an appropriate mechanism against any trademark disparity, is a fundamental tool when our intellectual rights are violated by unauthorized third parties, in order to avoid any negative effects that may fall on our creations.