Under current legislation, the Council of State has full jurisdiction over annulment actions in cases related to industrial property. However, starting 26 January 2022, all annulment action cases will be resolved before the Administrative Tribunal of Cundinamarca, and only appeals will be decided by the Council of State.
Considering the need to ensure an efficient framework for the defense of IP rights, on 25 January 2021, the government amended the Administrative Procedural Code and transferred subject-matter jurisdiction over annulment actions, as first instance, to the Tribunal.
In practice, it is expected that the time involved in an annulment action will considerably decrease given the Tribunal has more magistrates available and handles fewer cases. Additionally, Prejudicial Interpretation will cease to be mandatory in the first instance, which should also contribute to improving pace.
Additionally, activity resumed on Tuesday at the Colombian judicial branch after the holiday break that started 17 December 2021 and ran through 10 January 2022. Likewise, the Superintendence of Industry and Commerce, the Superintendence of Corporations and the National Directorate of Copyrights reinstituted judicial terms for jurisdictional proceedings heard before the national authorities.
