Posts classified under: Chat

Our associate Rafael Serrano has written an article in the Idealex about ‘Teleworking and Information Security’ due to the large increase in people changing their way of work because of the pandemic. In his article, Serrano analyzes “the risks of telework related to one of the main assets of companies -information- and to provide efficient technical and legal tools to mitigate these risks”.

As detailed in the article, it is more difficult for an employer to know how the company’s information is handled by staff teleworking since he is not in the same place as his employees. Thus, he must pay greater attention to the protection of the information and labor tools provided. To do this, the employer must take appropriate security measures for this new situation.

“In this sense, information security must comply with three essential parameters: integrity, confidentiality and availability. Integrity implies that the information is correct, and has not been deleted or modified without the authorization of the owner. Confidentiality refers to the fact that the information can only be accessed by people who are authorized to access it. Lastly, availability means that information can be accessed when needed. ”Says Serrano.

Employers must take legal and technical measures to protect the information from any danger that may arise based on the three parameters described above.

The technical measures include the use of programs, systems, or devices aimed to preserve the information. The legal measures include the use of “the different instruments to have a complete information protection policy” by employers.

It is important to preserve the value of the company’s information.

If you want to read the full article, click here

Katherine González, one of our associates whose field of specialty is Intellectual Property, has written an article for the medium “Criterios Digital”. In her article, she analyzes the possibility of registering a color as a trademark in the Andean Community.

Her article begins by offering a brief description of what a brand is to guide the reader on what to read next: “A brand is any sign capable of graphic representation, which can distinguish a product or service in the market.

“It also informs that “the Andean community norm provides for the possibility of registering as a trademark a color delimited by a shape, or a combination of colors. Thus, it is possible to register a trademark made up of only one color as long as it is included in some line, shape, or silhouette. Though the trademark shouldn’t fall in any of the grounds of irregularity provided for in the Law.”

As reported by the Andean Community Court of Justice, the use of color must be arbitrary so that, in this way, the business origin can be identified through it.

In the article, González clarifies that if the color is not delimited in any way, it can not be registered since a single person cannot be allowed to own a color as such; this would give a person “an inordinate competitive advantage” and “would significantly affect the access of third parties to the market.”

Later in her article, our associate points out that when examining the registration of a trademark made up of a color, the Intellectual Property Office must take the following things into account: the applicable legal elements, the real context of the market in which the trademark, once registered, will begin to work, and “the principle of primacy of reality”.

If you want to see the full article, click here.