Changes in Registration Procedures
The Ministry of Commerce, Industry and Tourism of Colombia issued Decree No 4886 on December 23, 2011. The decree, which came into force on December 26, 2011, modifies the structure of the Superintendence of Industry and Commerce, the authority in charge of the National Industrial Property System and determined functions of its departments.
In trademark matters, the most important changes are:
- Reconsideration petitions against decisions issued by the Head of Distinctive Signs are no longer possible. The only applicable remedy is an appeal, which must be decided by the Deputy Superintendent for Industrial Property.
- The Head of Distinctive Signs is authorized to arrange facilitation hearing between applicants for registration of distinctive signs and opposing third parties, to propose amendments that will allow applications to mature into registrations.
- The Superintendence of Industry and Commerce is authorized to question, under oath and in fulfillment of the formalities in the Civil Procedure Code, any person whose testimony is useful in clarifying the facts of the competition.
Additionally, on January 31, 2012, the Superintendence of Industry and Commerce of Colombia, seeking to modernize even further the industrial property processes, announced that the Industrial Property Gazette would be published twice a month in the future (i.e. every two weeks).
Previously, the gazette was published once a month.
These changes respond to the aim of the Colombian Superintendence of Industry and Commerce to provide users of the Industrial Property system a better, more effective and faster service.