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Home » Daily Blog, Featured, Trademark

Colombia to Protect Traditional Hats Against Chinese Knock-offs

Submitted by Sofia Castillo on January 18, 2013 – 1:40 PM65795 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F01%2F18%2Fcolombia-to-protect-traditional-hats-against-chinese-knock-offs%2FColombia+to+Protect+Traditional+Hats+Against+Chinese+Knock-offs2013-01-18+18%3A40%3A48Sofia+Castillohttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D6579

COL hats Jan BlogThe Colombian Congress declared the “vueltiao” hat a national cultural symbol in 2004.  These hats are hand-woven from natural cane fibers by Zenu indigenous people in the northwest provinces of Cordoba and Sucre.  Colombian and foreign artists, athletes and politicians have worn the hat in numerous occasions.  In 2011, the vueltiao hat became a collective mark and Zenu weaving became a denomination of origin

In the past few months, almost one million knock-off vueltiao hats entered Colombia from China. The imitation hats are smaller, made of plastic fibers, and much cheaper. Colombian artisans, whose hats sell for anywhere between $40 and $400, cannot compete with the Chinese imports that sell for about $8 dollars.

In the past week, indigenous leaders demanded protection from the government to prevent further damage to the income of their people.  Significantly, the Chinese imports entered Colombia legally.  Colombian laws allow the importation and distribution of hats subject to the payment of standard tariffs; thus, without any monitoring, the Chinese hats made it through Colombian customs and onto local markets, particularly in Cartagena, without breaking any law.  Colombian Minister of Commerce, Industry and Tourism, Sergio Diaz Granados, announced that the government will ban the importation of knock-off vueltiao hats from China or elsewhere given its negative effect on Colombian artisans. Granados explained that further imports will be banned at customs and that the Superintendent of Commerce and Industry will conduct an investigation to determine whether there is unfair competition, misleading publicity, IP or consumer rights violations to take the appropriate measures.

Since 2008, the Ministry of Commerce, Industry, and Tourism promotes the use of  intellectual property rights (IPR) to protect Colombian crafts to ensure their quality and competitiveness.  These rights provide hat makers with the opportunity to pursue legal action and obtain support from government entities to protect their works.  Although a denomination of origin or collective mark cannot prevent the production of knock offs by other parties using different materials, they do prevent other parties from using the registered collective mark or denomination of origin without the authorization of the mark’s owners.

This case is another example of the potential benefits that a sound IPR system can bring to certain industries, including artisans communities. The Intellectual Property Institute, a Washington-based NGO that promotes IP in developing countries, published a report in 2010 and an article in 2012 on other examples from Brazil, India, Mexico, New Zealand, Swaziland, etc. where IPR such as trademarks, geographical indications, and certification marks have protected the work of local artisans against unauthorized use and reproduction.

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About the Author:

Author: Sofia Castillo

Sofia Castillo, originally from Venezuela, is a junior blogger and a 3rd year law student at American University Washington College of Law. She received a B.A. with honors in anthropology and international development studies from Trent University in Ontario, Canada and an M.A. in Latin American Studies from Stanford University. Sofia received her International Baccalaureate diploma from Li Po Chun United World College in Hong Kong, China. This summer, Sofia is a legal intern for the Policy and International Affairs Group at the US Copyright Office and last summer she was a legal intern for the International Intellectual Property Institute (IIPI) here in Washington, D.C. Sofia has also worked for the Center for Justice and International Law in Washington, D.C. and the Center for Cultural Understanding & Change in Chicago, Illinois.

Sofia Castillo has written 9 posts for the IPB.

65795 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2013%2F01%2F18%2Fcolombia-to-protect-traditional-hats-against-chinese-knock-offs%2FColombia+to+Protect+Traditional+Hats+Against+Chinese+Knock-offs2013-01-18+18%3A40%3A48Sofia+Castillohttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D6579 »

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    Reply to this comment »
  • dan Jensen says:
    February 9, 2013 at 2:09 PM

    Interesting post good to see people protecting artisan producers Especially from poorer quality imports.

    By the way i think the previous post is spam

    Reply to this comment »
  • Howdy says:
    April 18, 2013 at 4:51 AM

    Wonderful essay, got the pleasure of reading

    Reply to this comment »
  • palm kernel oil says:
    April 29, 2013 at 12:43 PM

    In addition to this is the fact that it serves has a purgative,
    this may not be unconnected with the oily nature of the extract although the phytochemical constituents may also be responsible for this effect.
    Olive Oil is High in Vitamin E and known to be the very best
    oil to use in soap for sensitive skins. Many companies put it in products like
    Oreos, Girl Scout Cookies, and various cracker brands.

    Reply to this comment »
  • sunglasses hut says:
    May 9, 2013 at 1:28 PM

    保持自己的眼睛免受有害阳光与这些雷朋太阳镜。制造,光学精度高,耐冲击性的镜头和轻便,舒适和机械坚固的框架,这些眼镜将站起来,年轻的孩子们会把他们通过试验。一个现代化更新与紫藤和海军色的塑料框架和完成武器和镜头品牌,这是一个伟大的方式来完成他的衣服。

    Reply to this comment »

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