Dualism in IP litigation
September 29 2022
dualism ip litigation

Recently, the Administrative Court of Cundinamarca denied a nullity claim associated with industrial property rights, considering that the prerequisite of mediation is applicable as the decision would involve economic rights.    However, the Public Ministry, delegated mediator for matters involving a state agency, specified that in nullity actions related to IP rights the claimant cannot determine the amount or economic content of the dispute, making it not conciliatory. The legal and regulatory provisions in Colombia do not allow mediation agreements without a reasonably estimated amount as this is the starting point of any negotiation of the economic effect of the administrative act.    Currently, several nullity actions related to IP rights have been rejected due to the mediation prerequisite. Nonetheless, this decision alters the debate regarding the admissibility of the nullity claims as mediators are not authorized to settle disputes without economic content.