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Amendments to Trademark Laws

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Mrz 27, 2012 (Newsletter Issue 5/12)
Colombia
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Changes in Registration Procedures


The Ministry of Commerce, Industry and Tourism and the Ministry of Finance issued the Decree No. 4886 on December 23, 2011 which came into force on December 26, 2011. The decree modifies the structure of the Superintendency of Industry and Commerce, the authority in charge of the National Industrial Property System.

The following changes have been made:
- Reconsideration petitions against decisions issued by the Head of Distinctive Signs are eliminated. The only applicable remedy is an appeal, which must be decided by the Deputy Superintendent for Industrial Property.
- The Head of Distinctive Signs is authorized to arrange facilitation hearings between applicants for registration of distinctive signs and opposing third parties, to propose amendments that will allow applications to mature into registrations.
- The Superintendency of Industry and Commerce is authorized to question, under oath and in fulfilment of the formalities in the Civil Procedure Code, any person whose testimony is useful in clarifying the facts of the competition.

Furthermore the Superintendent of Industry and Commerce announced on January 31, 2011, that the Industrial Property Gazette will published twice a month in the future (i.e., every two weeks). Previously, the gazette was published once a month.

Source: www.inta.org; Cavelier Abogados, Bogota; Romero Raad Abogados, Bogota