X

Intellectual Property Bulletin

logo

COLOMBIA

COUNCIL OF STATE CONFIRMS THE FACT THAT AN INITIAL OR PRELIMINARY ASSESSMENT WHICH DECIDE THE APPLICATION OF A PRECAUTIONARY MEASURES DOES NOT CONSTITUTE A PRE-JUDGEMENT

By means of the brief that decided the request for precautionary measures issued by the State Council under file number 11001-03-24-000-2016-00407-00, the aforementioned entity restates that the initial or preliminary assessment made when deciding a precautionary measure request, according to paragraph 2 of article 229 of the CPACA, does not constitute a prejudgment

 

Although the procedure allows making normative interpretations or initial assessments, it does not condition the final decision.

The State Council endorsed the fact that the Trademark and Patent Office has jurisdiction to know of unfair competition cases and, if it considers it appropriate, adopt measures and/or issue orders in accordance with the law, aimed at protecting the national market.