Friday, 8 June 2012

Madrid Protocol: Colombia is ready!

Following last week post that the Madrid Protocol will be effective for Colombia on 29 August 2012, we now received the news that the Colombia Constitutional Court declared the constitutionality of the Madrid Protocol (sentence C-251-2012).

The judgment established that the grounds for the decision took into account inter alia: "For having been duly completed, within the stages, debates and constitutional requirements established in the Congress Regulation Acts. Therefore, the Act 1455 of 2011 is declared enforceable, from the formal point of view."

The Colombian Association of Intellectual Property (ACPI) reports that in the judgement the Court analysed the convenience of the accession of the Protocol and how this will open new markets due to facilitating effective protection of trade marks both domestically and in foreign markets, whether their owners are nationals or foreigners. It also explained that the process of national trade mark will remain the same, and that it will not be taken by a new or parallel system, “but with the difference that the international registration gives priority rights in all States signatories to the Protocol.”

Thanks goes to Andres Echeverri (Corporate Legal Team at Organizacion Corona, Colombia) for addressing the news. Also he notes that the last part of a process to approve an international treaty is for the Colombian Constitutional Court to check its constitutionality. Everything in order, Colombia is finally ready.

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