Clarification for Infringement Matters

INGLES 1

In a decision issued on July 14, 2022, the Superintendence of Industry and Commerce (Colombian Patent and Trademark Office), delivered in a judicial case of patent infringement, several issues were addressed, clarified and ratified concerning procedural matters when dealing with industrial property infringements. Those issues are the following:

  • Statute of Limitations:

The term to file an infringement action initiates when any infringing act occurs in the market. This term does not apply to preparation acts.

However, an infringement action can be filed against anyone who acts imminently towards an infringement. In this latter case, the term to file the infringement action, according to the Statute of Limitations, has not yet started.

The two-year term of the Statute of Limitations, is bound to the knowledge of the current infringement.

The two-year term of the Statute of Limitations initiates when the right holder knew of the infringement even if the infringement is instant, continued, permanent or complex.

  • Damages:

There has always been a discussion regarding the damages related to industrial property rights. When dealing with material goods, the damage is tangible. Nonetheless, with immaterial goods, the damage of the goods is intangible. Even if

the explanation is clear, this issue has been risen many times with civil and commercial attorneys and judges, which is why the decision from the Superintendence of Industry and Commerce is so important. The Supreme Court of Justice consider the damage to be a violation of the interest legally protected. The Superintendence of Industry and Commerce, has reiterated with this decision that with industrial property rights, the damage occurs with the infringement of the right.