La consideración jurídica de la marca dentro del proceso de liquidación de una sociedad conyugal.

Abstract

The purpose of this investigative work is to establish the conceptual considerations given by the regulations in constitutional, civil matters as general norms and in special matters in the Organic Code of the Social Economy of Knowledge, Creativity and Innovation, under which The legal nature of the trademark must be defined so that the proper and correct treatment can be given at the time of liquidating the property company and the existing regulatory gaps in this branch of industrial property, which cause confusion at the time of establish the treatment that should be given to the brand at the time of liquidating a conjugal partnership in which this distinctive sign was created as part of its assets. Being unquestionable the patrimonial-economic value that intellectual property rights can generate and without the legislation having foreseen as it has done in other branches of the matter, such as copyright, what is the treatment of the brand in order to financially quantify what corresponds to each of the spouses at the time of dissolving the property partnership.