📰 These are the most recent IP Law News 🗓️ (09 / 12 / 2024)

On 2 September 2024, the Andean Court of Justice issued Prejudicial Interpretation (PI) 227-IP-2023, which clarifies the potential abuse of dominant position by collecting management organizations (CMOs). CMOs are responsible for, among others. monitoring, licensing, and collecting royalties for their clients. PIs are binding opinions on issues of Andean law that the ACJ issues within judicial actions before Andean Member countries (Colombia, Peru, Ecuador and Bolivia) in an effort to harmonize the application of Andean law.   

This PI indicates that discriminatory practices by these organizations, such as setting different rates for similarly situated cable operators, may constitute an abuse of dominant position. According to the ruling, such practices violate competition principles when they are not objectively justified and affect market players in comparable situations. 

The PI emphasizes the importance of applying equality criteria when setting rates and commercial conditions, pointing out that the use of discriminatory ones without legitimate grounds can restrict competition. Furthermore, the ACJ stressed that while CMOs play a vital role in protecting copyright, they should not misuse their market power to unfairly affect other competitors. 

This interpretation has significant implications for competition law in the Andean Community as it clarifies how abuse of a dominant position can manifest in sensitive sectors such as collective rights management. The Court urges national authorities to carefully assess cases of abuse, considering the potential impact on competition and the market.

On August 30th, the Administrative Department of the Presidency of the Republic (“DAPRE”) issued Decree 1122 of 2024, which regulates Article 73 of Law 1474 of 2011, as amended by Article 31 of Law 2195 of 2022. This decree establishes new guidelines for the Transparency and Public Ethics Programs (PTEP).

The PTEP is a set of actions implemented by entities to promote a culture of legality and to identify, measure, control, and monitor the risks of corruption associated with their activities.

According to the decree, all entities at the national, departmental, and municipal levels, regardless of their contracting regime, must implement a PTEP. To assist in this implementation, the Secretariat of Transparency has developed a technical annex detailing the methodology and structure required for the development of these programs. 

The proposed methodology is divided into seven stages, with the publication phase highlighted, which allows for receiving comments from the public on the PTEP. Regarding the program’s structure, it includes, among other things, the definition of reporting channels, due diligence measures, and training and communication activities. 

With this decree, the Government aims to strengthen risk management and promote a culture of legality within public administration. 

OlarteMoure has been recognized as the fifth most innovative company in Colombia in 2024, according to the study conducted by ANDI in collaboration with Dinero. This recognition underscores the importance of innovation not only as a competitive strategy, but also as a fundamental necessity for business growth and the country's development. The ranking evaluated 389 companies, grouping them into different innovation archetypes, such as inventors, rebels, visionaries and heroes. These archetypes reflect the different approaches that companies take to innovation, from scientific exploration to technological disruption and social impact.  

Olarte Moure, by ranking fifth, has demonstrated its ability to remain at the forefront of innovation in a challenging economic environment, where investment in this area represents 13% of the sales of the top companies. This achievement reaffirms its commitment to research and development, positioning it as a key player in the advancement of various economic and social sectors in Colombia.

In 2021, the Spanish designer Laura Ivorra applied for the registration of one of her jewelry designs as a figurative trademark before the EUIPO, which consisted of three medals representing a vulva. In the first instance decision, the EUIPO denied the trademark registration, considering that it was contrary to public order and good customs, since it could be associated with the Virgin Mary due to the similarity between the designed female genitalia and the way the Virgin is represented in charms and jewelry. The designer appealed the decision, arguing that the sign had an artistic character and did not convey any religious message, but was only a work framed within jewelry charms, which are elements commonly used in different contexts. The Third Board of Appeal of the EUIPO, after reviewing the case, reversed the initial decision, concluding that the design did not refer to religion or the Virgin Mary, but that such considerations only reflected the opinion of the examiner at first instance.  

Original source in spanish.