This year, nullity actions regarding industrial property matters were modified. Thus, now we have two instances and the Administrative Tribunal of Cundinamarca is now competent for the first instance and the Council of State of the second instance.
This change create a little bit of chaos when the Administrative Tribunal of Cundinamarca started requesting mediation as a prerequisite for the filing of the action.
The law indeed requires mediation as a prerequisite but it is only applicable when the matter can be mediated, that is, when it is possible for the parties to negotiate the right or its scope.
Concerning nullity actions regarding industrial property matters, the rights are non negotiable, therefore, mediation does not apply.
Knowing the requirement of the Administrative Tribunal of Cundinamarca we filed a nullity action without mediation but with an entire chapter explaining why the mediation could not be requested in this sort of cases.
Our arguments paid off. The Administrative Tribunal of Cundinamarca admitted the nullity action we filed on behalf of our client MARRIOTT including within the admission writ the reasons why the mediation did not apply in our case, agreeing with our arguments. Contact Triana, Uribe & Michelsen: For the due protection of personal data and its intangible assets, write to us at tum@tumnet.com