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COUNTERFEIT INFORMATION FOR COLOMBIAPlease note that we have prepared a very general summary of the possible actions, however a more detailed summary may be generated based on different cases or scenarios. This is because it is important to know the infringers, in order to establish the most effective course of action, due to the fact that in some cases an action may be more effective depending on the infringer and where the activity is taking place.
Under our legislation, the most common measures which can be taken against an infringer with counterfeit products are as follows:
1. Penal Cause of Action:The advantages of carrying this type of action lay fundamentally on the fact that counterfeit goods and/or products can be seized or taken from the market by Colombian authorities. These actions are relatively efficient, but in some cases it is necessary to pressure authorities into carrying out these actions in a duly matter.
Based on our experience we believe that this action has many disadvantages because of the fact that authorities usually take too long to carry out the seizure of products. Also it is hard to keep confidentiality in these cases since in many situations, information is leaked to infringers and once authorities arrive to these places they do not find any counterfeit products.
2. Civil cause of ActionThis action is filed before a civil circuit judge and the process consists of impeding and prohibiting the use of a trademark by infringers through a decision emitted by a Judge who can also emit a judicial action of seizure of products and/or goods. These courts handle information in a very confidential matter, so the chances of information becoming available to infringers not likely, which make seizures more effective.
3. Unfair CompetitionOur legislation establishes that acts of unfair competition include any conduct which has an objective or effect of misleading the public of the origin of a product and benefiting from a reputation previously acquired by another in the market.
This action is carried before a civil circuit judge or the Superintendence of Trade and Commerce which in turn takes the necessary actions. In this case, neither damages are obtained nor products and/or goods are seized, but the Superintendence of Trade and Commerce warns the infringer and they may impose a fine to be paid to the Superintendence of Trade and Commerce.
These actions are not exclusive, which means that the three can be carried out at the same time. There is also the possibility of obtaining damages throughout another action, but this usually takes 5-8 years to resolve which makes it a very inefficient and uncommon action.
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