María Fernanda Castellanos of Gamboa, García & Cardona

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With more than twenty years of experience she has acted as strategic legal advisor, to national and international clients, in IP and transactonal matters involving protection of intangible assets, trademarks, inventions, patents copyrights, trade secrets; as well as in civil and administrative litigation in intellectual property (IP), unfair competition and consumer protection.

Also, she has led multidisciplinary teams devoted to Life Sciences Regulatory, Food Law and Healthcare.

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THE COLOMBIAN COPYRIGHT AGENCY ANALYSES AI-CREATED WORKS AND PROVIDES AN INITIAL APPROACH TO THE PROTECTION UNDER COPYRIGHT LAWS

By María Fernanda Castellanos of Gamboa, García & Cardona on Posted in Case Studies, Copyright, South America
The protection of works created from the human intellect, under the legislations that have adopted a droit d’auter system, is centered on the relationship existing between the individual who created the work, and the piece that constitutes the protected work. Therefore, the legal regulations which govern the prerogatives that the creator has concerning the protected … Continue Reading

Duties involving IP matters at the beginning of the corporate term in Colombia

By María Fernanda Castellanos of Gamboa, García & Cardona on Posted in Copyright, Patents, South America, Trademarks
The end of the calendar year is also, for legal purposes, the end of the corporate and accounting year, under Colombian Law.  The beginning of a new corporate year, on January 1, triggers, for corporate entities and branches of foreign companies, the need to carry out several duties, both in the form of legal obligations … Continue Reading

PRE-DETERMINED INDEMNIFICATION REGULATIONS FOR TRADEMARK INFRINGEMENT ACTIONS IN COLOMBIA

By María Fernanda Castellanos of Gamboa, García & Cardona on Posted in Protection & Enforcement, South America, Trademarks
When litigating trademark infringement cases in Colombia, the issue arises as to how the plaintiff should provide valid evidence of the damages arising from the unauthorized use of a trademark, as well as to what admissible evidence may be used to prove the amount of the indemnification claimed in the proceeding.… Continue Reading

REJECTION OF A REGISTRATION BASED ON POSSIBLE UNFAIR COMPETITION IN COLOMBIA

By María Fernanda Castellanos of Gamboa, García & Cardona on Posted in South America, Trademarks
Decision 486 of 2000 of the Andean Community sets forth several events that may give rise to the rejection of trademark registration.  Said events intend to protect the general interest that is involved in ensuring that no exclusive rights are granted over signs that are not appropriable by the applicant (absolute grounds for rejection) or … Continue Reading

CRITERIA TO AVOID CANCELLATION FOR LACK OF USE OF A TRADEMARK IN COLOMBIA

By María Fernanda Castellanos of Gamboa, García & Cardona on Posted in Protection & Enforcement, South America, Trademarks
Exclusive rights over a trademark in Colombia arise from registration. Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.  This means that a trademark registration in Colombia may be canceled by the Trademark … Continue Reading

OPPOSING A TRADEMARK APPLICATION IN COLOMBIA BASED ON A U.S. TRADEMARK

By María Fernanda Castellanos of Gamboa, García & Cardona on Posted in Foreign Protection, Protection & Enforcement, Trademarks
Exclusive rights over a trademark in Colombia arise solely from registration. Therefore, the general rule is that a trademark registered or protected under the legislation of a different country may not be used as valid grounds for opposition against a trademark application in Colombia. However there are exceptions to this rule, namely, by filing an … Continue Reading

IT`S NOT ONLY PATENTS: PLANNING AND IMPLEMENTING TO PROTECT INNOVATION

By María Fernanda Castellanos of Gamboa, García & Cardona on Posted in Patents, Trade Secret Protection, Trade Secrets
For investors in innovation, it is a priority to count on legal mechanisms to secure some level of exclusivity in the exploitation of their innovations, to seek a return on their investment. The first legal alternative at hand is to get a patent for the innovation. However, patents are not the only mechanism to obtain … Continue Reading
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