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

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 or in the form of managing maintenance duties, to guarantee that all matters are in line with the applicable regulations, and reflect the good status of the legal status of the entity. 

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With Friends Like These: Copyright Implications Of Novelists Drawing Inspiration From The Real Lives They Cross

Fiction writing has a curious claim on truth. 

We learn this at the youngest age, listening to fairy tales when the child in us “intuitively comprehends that, although these stories are unreal, they are not untrue …”  Bettelheim, The Uses Of Enchantment: The Meaning and Importance of Fairy Tales  (at 73). 

We hear this in Melville’s revealing, in the opening of chapter 12 of Moby Dick, the location of the island of “Rokovoko,” a place that “is not down in any map; true places never are.” 

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Australian trade mark law: Defending your well-known brand with a defensive trade mark registration

Australia’s trade mark legislation provides trade mark owners with the ability to register (in certain circumstances) their well-known brands as ‘defensive trade marks’ in respect of particular goods and/or services, even if the owner of the mark has no intention of using the mark in respect of those goods and/or services.

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ANSWERS TO QUESTIONS REGARDING TRADEMARK PROTECTION IN COLOMBIA THAT WE RECEIVE FREQUENTLY

For this edition, we decided to make a compilation of answers to questions that we frequently receive from clients who intend to protect their trademarks in Colombia. 

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India publishes draft amendments to Patent Rules for public comment

The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry has recently published a set of draft amendments (“Draft Rules”) to the Indian Patent Rules, 2003. The amendments are currently open for comments from the public. The draft amendment rules can be accessed at – https://ipindia.gov.in/writereaddata/Portal/Images/pdf/248296.pdf.

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EUROPEAN COURT OF JUSTICE: Judgment in Joined Cases C‑775/21 and C‑826/21

Broadcasting of background music – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public as a result of possession of technical means – Implications on Greek case law and practice in relation to use of in-store/background music in business premises.

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Does food flavouring constitute a “work”?

Introduction

In this case before the Multi-member Court of First Instance of Thessaloniki, the plaintiff requested judicial protection of his recipes (i.e., dishes and seasonings) as works of IP. (1) He made this request on grounds including trademark law and unfair competition law. However, the Court rejected the action as:

  • not legal, insofar as it concerned the protection of recipes as works of intellectual property; and
  • unfounded, because recipes are assimilated to ideas and not to works enjoying copyright protection under Greek (and EU) law.

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Maybe Duct Tape Can’t Fix Everything: Slippery Standards As Copyright Goes Bananas

Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger, or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules, US copyright law is currently going a little “bananas.” From ongoing debates about the human element (or requirement) of authorship to debates over what constitutes a transformative work to the gauntlet laid down in footnote 2 of Justice Kagan’s dissent in the Supreme Court’s May 18, 2023 decision in Andy Warhol Foundation for Visual Arts, Inc., v. Goldsmith, some strong opinions, and even raw nerves, mark the discussion. 

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PRE-DETERMINED INDEMNIFICATION REGULATIONS FOR TRADEMARK INFRINGEMENT ACTIONS IN COLOMBIA

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.

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Can You Use Color Drawings or Photographs in Utility Patent Applications?

Suppose that you have an invention disclosure for a utility invention that you want to protect.  When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention.  Can you file the utility patent application with the color drawings or photographs?  The answer is YES! if a petition is granted explaining why the color drawings or photographs are necessary for illustrating the claimed invention.

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