Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

El presente artículo se pretende identificar los puntos convergencia entre la propiedad industrial a partir de los derechos conferidos por las patentes de invención y la contratación estatal como actuación administrativa establecida para la gestión de los fines del Estado. Dicha relación se haya en el interés general, entendiendo que la protección de la propiedad industrial no solo debe ser reputada del titular de derechos conferidos en el ámbito de aquella, sino también en beneficio de la sociedad, lo cual se identifica en las diferencias limitaciones al ejercicios del privilegio de patente, siendo esto último una de las finalidades del sistema de compra pública, aspecto que será analizado en el ámbito de la contratación directa, bien sea por la ausencia de pluralidad de proponentes o la celebración de contratos cuyo objeto tenga relación con el desarrollo de ciencia y tecnología.  

The graphic representation of color trademarks has been object of discussion in different scenarios in the Andean Community, as demonstrated not only with the expedition of registration or cancellation resolutions and rulings on the infringement of this type of rights but also through pronouncements of the Court of Justice of the Andean Community. In accordance with Decision 486 of 2000, as the Common Regime on Industrial Property, the color in trademarks must be delimited by a specific shape. Hence, the purpose of this study is to determine what should be understood by a “specific shape” and how the requirement of graphic representation exceeds the registration process conducted by the competent national offices in charge of registering industrial property. It is also intended to determine how the specific delimiting shape in color trademarks is understood in after-registration procedures ―such as cancellation actions for non-use― and enforcement processes ―industrial property infringement actions.

In international contract law, the hardship theory has been recognized as a component of the so-called lex mercatoria, based on its inclusion in different normative texts. However, despite its wide doctrinal recognition, before the pandemic hardship theory had few scenarios of practical application in national and international courts. The enormous effects and challenges that COVID-19 has posed in contractual-related matters have generated a favorable scenario for making of this theory one of the main tools for private law and lex mercatoria to generate justice solutions and solidarity, as well as to ensure the respect of human rights for citizens whose business relationships were affected during the pandemic. This paper addresses this problem by analyzing the potential of hardship theory for building bridges between lex mercatoria and human rights in the post-pandemic era, which could assist in overcoming the long-lasting division between both regimes.

The consolidation of research proposals in the social and educational field currently requires methodological processes that enable comprehensive dynamics of the worldviews of everyday life of the subjects addressed in their contexts. This condition requires the irruption of the question about reality from experience. Consequently, this article seeks to investigate the contributions of narrative methods to this task. To meet this goal, the results of a systematic literature review on the subject are presented. In the end, findings on the question of meaning, identity, epistemological foundation, and the incident of this methodological input in social research are disclosed, to later frame these insights into the educational context, in such a way that the manifestation of the contributions of narrative inquiry to the understanding of the world of life in an educational community can be clearly identified.

This article proposes an approach to the social and political meanings of racism and inequalities in the memories of the Afro-descendant communities from the municipality of Tumaco —southern Colombia— in the period between the emergence of the ethnic-political movement of black communities in the Pacific (early 90s) and the arrival of armed actors and drug trafficking organizations (beginning of the XXI century). The theoretical approach adopted —critical ethnography— puts the testimonies of local leaders into dialogue with some exclusionary practices by the social actors who arrived to this territory during the studied period. The persistence of a multidimensional racism that heightens the social inequality conditions of these communities is observed.

The Superintendence of Industry and Commerce (SIC), as the bureau in charge of managing the industrial property system, is the only competent in Colombia to grant trademark registrations. Although its work has achieve the development of a fast, modern, and online trademark registration procedure, this paper seeks to show that there is a failure within the procedure of trademark registration due to the lack of a system that guarantees uniformity in the decisions. This way, this paper analyzes the creation of a system of administrative precedents on the matter.

This article proposes a set of rules for evidence production through artificial intelligence methods within the Colombian judicial process based on the scientific expert opinion. For this purpose, we developed a qualitative, legal, and analytical methodology, under a bibliographic-documentary design based on secondary source analysis sheets (bibliography, regulations and jurisprudence) studied from systematic and teleological hermeneutics. The effectiveness of the data messages against the needs of the evidence derived from the sapient machine was questioned, besides identifying the dogmatic elements of the expert opinion in Colombia from the multiple procedural regimes and characterizing the scientific expertise according to Law 721 of 2001. Our findings show that current regulations on the subject require that the production of the probabilistic percentage derived from artificial intelligence must be granted through a document per data message. In turn, the “black box” phenomenon limits the assessment of the judging party, since there is not certainty on the theoretical foundation applied to each particular case. However, the structure of scientific expertise allows judges to become experts and ensure the chain of custody of the digital particle, as well as explain the operation of intelligent algorithms and their applicability in litigation cases. This makes possible that the counterpart exercises their practical defense and the judge can briefly apprehend the minimum technological and scientific knowledge in order to examine the factual reality that the evidence intends to show.

The COVID-19 pandemic in South America brought severe impacts in sectors such as health, economy, society, family, and —particularly noticeable— in the workplace, which made teleworking one of the tools to bridge gaps in this dimension. Within this setting, the present research was aimed at identifying the advantages and disadvantages in the implementation of teleworking across in South American countries, considering the associated legal, technological, and social aspects of this process. To do this, a methodology based on documentary analysis with an exploratory, descriptive, and non-experimental scope was adopted. Legislative sources that regulate teleworking in South America and national and international indexed scientific articles that address the subject of study were examined, deploying the bibliographic review technique in scientific databases. In the face of the crisis caused by coronavirus, teleworking became one of the immediate alternatives to maintain work activities in many economic sectors, even when each country tackled different challenges or limitations for its proper implementation due to their legal regime. In South America, teleworking was the most viable tool for public and private services provision, whose legal regulation showed a crucial development. This kind of labor arrangement is still strengthening its implementation due to the advancement of information and communication technologies.

The purpose of this research was to analyze the relationship between supervision or monitoring, empathy, and aggressive behavior - verbal and physical - in-school adolescents in Bogotá. The study is a cross-sectional correlational descriptive type. The sample consisted of 324 adolescents attending school in the city of Bogotá. 158 female adolescents (48.76%) and 166 males (51.24%), aged between 11 and 18 years. The results showed that the disclosure or spontaneous communication of adolescent activities towards the mother is inversely related to aggressive behavior, specifically physical aggression in male adolescents. Likewise, it was found that empathy is the predictor variable with the greatest weight in the appearance of physical aggression in male adolescents; while the independent variables: father's open communication, father's parental control, and empathy manage to explain 24.6% of the variability of verbal aggression in female adolescents.

This paper examines the exhaustion of intellectual property rights in the Colombian pharmaceutical sector and the absence of parallel imports of pharmaceutical products in the country. This situation occurs despite the adoption of international exhaustion of rights by the Andean Community and the issuance of Decree 1313 of 2010, which establishes the requirements and procedures to authorize parallel imports of pharmaceutical products and medical devices. For the purpose of offering a comparative analysis, the European experience in the matter is also studied in this work.