Abstract

ACEVEDO-CAICEDO, Francisco José  and  VARGAS-CHAVES, Iván. From Works of Art Applied to Industrial Designs: A Roadmap Toward the Recognition of the Industrial Designer’s Moral Rights. Ágora U.S.B. [online]. 2024, vol.24, n.1, pp.326-349.  Epub Jan 01, 2024. ISSN 1657-8031.  https://doi.org/10.21500/16578031.6814.

The article examines the equalization of moral rights of authorship for in dustrial designers and creators of works of applied art under the intellec tual property regime of the Andean Community. It employs a comparative approach between both categories of creators, by using a methodology of interpretive documentary analysis. It is argued that both doctrine and jurisprudence recognize a double protection for works of applied art and industrial designs. The importance of recognizing the moral rights of pa ternity and integrity in favor of industrial designers, similar to what is es tablished for works of applied art, is highlighted. Guidelines are proposed to solve the existing regulatory gap, in order to protect the legal interest of creators in their works and designs.

Keywords : Copyright; Moral rights; Industrial Design; Artistic Works, and Works of Applied Art.

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