COLOMBIA
NEW LEGAL
DEVELOPMENTS IN COLOMBIA
Luz Helena Adarve and Juanita Acosta Cárdenas & Cárdenas Abogados
Due to the fact that Colombia entered into free trade agreements with the US, the European Union and Korea, there have been several key IP developments in 2012.
Among these developments it is important to highlight the adoption of the Trademark Law Treaty and the Madrid Protocol, among others, which put our country as an active player in the IP global arena, and had a strong impact on the defi nition of government policies regarding the enforcement and protection of IP rights.
Among the local regulations recently implemented it is important to mention:
1. Resolution 21447/2012 aimed to simplify formalities and adopt the multiclass trademark application procedure. As a consequence of
this regulation, all documents, such as powers of attorney,
assignments, etc, with exception of withdrawals, will not need any notarisation, legalisation or apostille procedure.
2. Under the same Resolution 21447, a hearing stage during an opposition procedure was adopted, aiming to overcome the obstacles that prevents the registration of a trademark. T e hearing can take place at any time before a decision of fi rst instance is taken. T e purpose of this hearing is that the Colombian Patent and Trademark Offi ce (CPTO) proposes and endorses coexisting agreements between confl icting parties.
3. Under Law 1564 of 2012 (New General Code of Procedures), the Superintendency of Industry and Commerce, which is the entity in charge of
the administration of the patent and trademark
system in Colombia among other duties, was empowered to attend judicial disputes concerning: (i) IP infringement matters; (ii) violation of consumer rights; and (iii) unfair competition matters.
54 World Intellectual Property Review e-Digest 2013
T is expanded role of the CPTO will allow this entity to act and rule with the same qualities and prerogatives of a civil judge. T e main purpose of the extension of judicial powers to an administrative entity is to recognise that there is need for specialised judges to attend IP, related consumer rights and competition matters which nowadays are globalised issues.
4. Resolution 50720 dated August 8, 2012, which internally adopted the Madrid Protocol System. Currently the system is in full force. Between August 29, 2012 and February 28, 2013, a total of 690 foreign trademark applications using the system, entered Colombia from abroad. Among these foreign trademark applications, 28 applications have received oppositions. During the same period of time, Colombian companies have not used the system at all.
5. Resolution 57530 dated September 28, 2012 regulating geographical indications and appellations of origin.
6. Resolution 54093 dated September 18, 2012 adopting the patent prosecution highway by accepting foreign patentability tests.
7. Resolution 79462 dated December 21, 2012 establishing IP fees. In many cases such fees have been reduced.
8. In addition to the above mentioned new regulations the CPTO is working towards implementing a strong soſt ware infrastructure allowing the use of electronic means for trademark application fi lings and notifi cation of decisions.
9. Although the following new regulations are not exactly IP regulations, they are ‘neighbour’ laws recently adopted that we consider relevant and important to mention: Law 1581 dated October 17, 2012 regarding habeas data, and Law 1480/2011 which adopted a comprehensive consumer protection statute now in force since April 2012.
www.worldipreview.com
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