Latest news from Colombia

Colombian court: Peaceful coexistence of similar trade marks: In the case of Crocs Inc. v Evacol SAS, the Superior Court of Colombia concluded that there is no trade mark infringement where two similar trade marks have peacefully coexisted in the market for a long period without unfair competition or consumer confusion. This ruling highlights the need to take timely steps to protect intellectual property rights, as allowing such coexistence reduces the likelihood of claims of confusion and complicates legal actions for trade mark infringement.

Colombian Supreme Court upholds copyright in 'must carry' ruling: In April, the Supreme Court of Colombia ruled that the "must carry" obligation - the requirement for subscription television operators to transmit free-to-air television signals free of charge - does not constitute an exception or limitation to copyright. The Court ruled that authors are entitled to remuneration for retransmitting their audiovisual works, even if they are broadcast on free-to-air channels.

Colombian Court rules on the use of paintings in audiovisual works: The Superior Court of Justice of Bogotá has overturned a conviction against an audiovisual producer for using three paintings from a series, potentially allowing for more flexible criteria in production authorisations. Based on the preliminary ruling of the Court of Justice of the Andean Community, the court applied the concept of incidental use and held that the paintings were used incidentally rather than deliberately in the plot, as mere background elements with no relevance to the dialogue.