COLOMBIA | Intellectual Property | Colombian Congress evaluates Bill that allows universities to create Research Spin Offs
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The 6th Commission of the Senate is currently evaluating a Bill (No. 215 of 2015) which –if approved- authorizes public and private Colombian universities to create Research Spin-Offs (also known as University Spin-Offs), as a business initiative to capitalize and exploit the intellectual property developed from university research.
The bill allows private sector entrepreneurs to partner in said Research Spin-Offs. Current law prohibits professors at public universities from receiving any remuneration different to the university salary.
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COLOMBIA and PERU | Trademarks | Colombian and Peruvian IP Offices join the TMclass trademarks database
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As of April, the Superintendence of Industry and Commerce –SIC- (Colombia) and the Indecopi (Peru) are now members of the TMclass database.
TMclass allows a unified search through the Goods and Services classification databases from Trademark Office Members, aiming to simplify the goods and services classification process.
Some of the TMclass members worldwide are the World Intellectual Property Organization (WIPO), the European Union Intellectual Property Office, the United States Patent and Trademark Office, among others. In Latin America, the Brazilian and Mexican IP Offices are TMclass members.
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COLOMBIA | Intellectual Property | Andean Court of Justice: no infringement exists if alleged infringer ceases acts prior to lawsuit
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By means of Prejudicial Interpretation N° 382, the Andean Court of Justice (ACJ) issued a questionable precedent for infringement actions.
The ACJ claims that an infringement action only proceeds when the plaintiff demonstrates the infringing acts are being performed at the complaint filing date. Therefore, an infringement action cannot be pursued if the infringement ceases before the filing of the complaint.
This judgment would allow the infringer to avoid a declaration of infringement for past conduct and any damages caused.
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COLOMBIA | Regulatory | Decree delegates to National Medicine and Medical Devices Price Commission the price fixing of pharmaceuticals
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On 29 April 2016, the Ministry of Health and the Ministry of Commerce issued Decree 705 (2016), which entrusts to the National Medicine and Medical Devices Price Commission (created by Law 100 of 1993) the definition of methodologies and mechanisms to use for setting maximum prices for pharmaceuticals prices.
The Commission will fix the maximum sale prices allowed –if necessary- and will determine the margins for the distribution and commercialization of medicines.
