Restricciones al derecho de uso de marcas: controversias en torno a las propuestas de etiquetado de alimentos en Colombia

Abstract

Over the last decade, different proposals have emerged in Colombia and around the world re-garding food labeling conditions. The purpose of these measures has been focused on preventing non- communicable diseases (NCD), by providing clearer nutritional information to consumers regarding the food they consume on their diet. For this purpose, many proposals include the imposition of warning stamps on the label of food products that are “high in” sodium, sugar, or saturated fat, as well as other limitations on the use and marketing of the brands that identify their products.Therefore, this document aims to analyze the relevance and proportionality of the proposals in relation to the desired purposes, particularly with regard to the legitimate rights of trademark owners and consumers. In the conclusion, it will be determined that the interest in promoting regulations to reduce diseases related to poor eating habits, without an adequate evaluation of the environment in which these measures are intended to be applied, can: (i) generate undesirable and contradictory consequences with the ultimate goal of reducing diseases; (ii) impair other individual rights; and, (iii) act unjustifiably to the detriment of the industrial property rights of the trademark owners.