LOS DERECHOS DE PROPIEDAD INDUSTRIAL EN EL ENTORNO EMPRESARIAL. ANÁLISIS DESDE EL DERECHO CONSTITUCIONAL
INDUSTRIAL PROPERTY RIGHTS IN THE BUSINESS ENVIRONMENT. ANALYSIS FROM THE CUBAN CONSTITUTIONAL LAW

Summary/Abstract: To understand the meaning of industrial property rights and their protection, importance can only be given to what is referred to in the doctrine, but it is transcendental to take into account that current and historical legislation reflects a truly remarkable variety in its meaning and direction to starting from the constitutional text and its development in Cuban substantive law. In the article an analysis is made of the legal historical tract of how the right of industrial property has been recognized in the Cuban legal system from the colony of Spain to the current 21st century in the updating of the economic and social model in the business environment, concomitant with International Industrial Property Law. In the new century, the information and communication technologies of the 4th Industrial Revolution have produced, and continue to produce, in an astonishing way, a change in the existence of humanity. The creation of new products and services surpass the previous ones that are similar to these and that in a way improve the quality of life of citizens, hence it is up to the Law to establish regulations in order to protect these individual rights and guide them according to their reality. The methods of the social sciences have been used: the historical logic in pursuit of studying the stages of the constitution on the rights of industrial property, analysis synthesis to break down the elements addressed in the article, and induction deduction. The study made it possible to determine that the legal regime on industrial property rights is not yet complete, an important group of regulations that should -by mandate of Law- complement existing regulations have not been incorporated; which produces a state of defenselessness before the performance by third parties of a series of activities authorized by the State that violate these industrial property rights.

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