Exclusive intellectual property rights in Honduran jurisprudence

Abstract

Introduction: Protection of intellectual property rights using current legal mechanisms has as its main objective to encourage invention and innovation, facilitating commercial exploitation. On the other hand, free competition has the mission of promoting, protecting and guaranteeing the freedom to compete in order to ensure the efficient functioning of the market and consumer welfare. Methods: The authors completed a bibliographic review using journal databases and collections of Honduran and foreign laws regarding intellectual property and the right to free competition with respect to exclusive rights. Results: We show characteristics, differences, points of divergence and convergence between the two Honduran legal bodies and consider the importance of achieving a balance of the common goals pursued by these legal figures. Conclusion: There exists a need to make legislation known to the public and follow up with continuous improvement of such legislations to promote the collective well-being of the country, companies, and consumer; this resulting, ideally in the introduction of greater competitiveness to the market, promotion of innovation, a more efficient economy and above all to ensure consumer welfare; a right that the State must guarantee.