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COLOMBIA

NATIONAL DIRECTORATE OF COPYRIGHT (DNDA) ISSUES ITS FIRST ADVANCE SENTENCE

The National Copyright Directorate (DNDA) issued its first anticipated ruling on December 12th 2017

 

The Sub directorate of Jurisdictional Affairs issued the verdict in regards to the civil process carried out by the Asociación Hotelera y Turística de Colombia – COTELCO against the Entidad de Gestión Colectiva de Derechos de Productores Audiovisuales de Colombia – EGEDA COLOMBIA.

According to the deputy director of Jurisdictional Affairs, thanks to article 278 of the Civil Procedure Code (Código General del Proceso in Spanish) it is possible to issue a total or partial anticipated sentence in the following particular cases:

  • When the parties or their representatives agree to it, either on their own initiative or at the suggestion of the judge.
  • When there is no evidence to practice.
  • When the res judicata, the transaction, the expiration, the extinguishing prescription and the lack of legitimacy in the case are proven.

The deputy director considered that in this case, there had been the configuration of more than one of the circumstances of the aforementioned article and proceeded to issue the sentence.