New regulation concerning compensation in case of trademark infringements
Through decree 2264/2014 the compensations for infringements in intellectual property, especially for trademark, issues have been regulated.
Within this regulatory framework, monetary compensation resulting from a judicial finding of trademark infringement may be subject to a pre-established compensation system or the general rules on proof of the compensation of damages, according to the decision of the plaintiff. This means that when the plaintiff files the claim in court, he or she has to choose one of the systems of calculation of the quantity of compensation. According to the article 243 of the Andean Decision N° 486, the plaintiff should have to proof the quantity of the damages caused by the infraction. In this case, the valuation of damages would be determinate by the judge, according to the rules and amounts laid down in this regulation.