International Journal of Religion 2024 Volume: 5| Number 12 | pp. 1624 – 1633 ISSN: 2633-352X (Print) | ISSN: 2633-3538 (Online) ijor.co.uk DOI: https://doi.org/10.61707/d8r24t57 Exploration of Obligations and Rights of the Positive and Negative Requirements for obtaining the Protection of a Colombian Designation of Origin for the coastal cheese of the Colombian Caribbean Yarlemis L. Cohen-Rodriguez 1 , Edwin Causado-Rodriguez 2 Abstract The objective of this article is to explore the possible obstacles, posed as challenges, that could arise for those who pursue the rights of protection of a designation of origin for coastal cheese made in the Colombian Caribbean Region. A review of the applicable legal framework is carried out, delving into the positive and negative criteria derived from what is enshrined in Andean Decision 486 of 2000, applied to a hypothetical request for protection that takes into account the real situation of coastal cheese producers. in this area of the country. From this, certain suggestions are proposed aimed at satisfying the positive requirements and avoiding the negative requirements, so that the intended protection can be achieved. Keywords: Denomination of Origin, Industrial Property, Costeño Cheese, Caribbean Region, Positive Requirements, Negative Requirements INTRODUCTION Around the 5th century BC, the Greek island of Chios (Χίος) began to be distinguished by the production, then completely artisanal, of three types of wines: one dry (αὐστηρός), another with a sweet flavor (γλυκάζων) and another intermediate between those called (αὐτόκρατος) (Boulay, 2015). The reputation of these products quickly spread throughout the Greek territory and to others of its influence, due to the appreciations of influential figures such as Erasistratus and Eparchides who exalted the organoleptic qualities and the dietary or therapeutic properties of the wine, based on the principles of Hippocratic medicine; the theory of the four elemental qualities, these being: hot, cold, dry and humid; and the theory of humors: sanguine, choleric, melancholic and phlegmatic (Boulay, 2015), which was intended to provide more or less objective reasons about the convenience of a product above the, sometimes unjustifiable, claims of taste. This antecedent of the figure of denomination of origin, or also equated to the geographical indication or indication of origin in other legal systems, is one of the most remote of which we have knowledge, but it reflects with great clarity the foundations on which The protection of this category of Intellectual Property and specifically of Distinctive Signs has been built and consolidated according to the classification of the World Intellectual Property Organization (WIPO). The history of the protection of appellations of origin is mixed with the history of the gastronomic culture of certain countries, such as France, whose outstanding reputation motivated its legislators to adopt legal formulas to protect both consumers and small businessmen against fraud and deception that could occur due to the export of local products (Melkonian, 2005). One of these strategies promoted by France was incorporated, and never repealed, in the Statute of 1824, which established criminal sanctions for those who falsely indicated the origin of a product or lied about the manufacturer of some good (Melkonian, 2005). These provisions were very useful in achieving the protection of French wine against the efforts of its imitators, who directly harmed local producers to the point of threatening the possibility of continued production of French wine in France. 1 Lawyer, Master in Art, Law and Economics from the International Hellenic University. University teacher and lecturer. https://orcid.org/0000-0002- 1889-313X E-mail: ycohen@unimagdalena.edu.co 2 Industrial Engineer, MSc Economics of the Environment and Natural Resources. Mg. Integrated Management Systems. PhD in Administration. Staff Teacher at the Faculty of Engineering of the University of Magdalena. https://orcid.org/0000-0001-6258-2307 E-mail: ecausado@unimagdalena.edu.co