Litigation

Cárdenas Vega Advisors provides litigation services in the following areas of law:

Intellectual property:

Deterrent actions: The deterrent letter is a legal action through which we seek to establish contact with an alleged offender and warn them of the actions and consequences to which they are exposed if they continue unauthorized use of a mark or patent owned by a third party.

Precautionary measures: Whoever initiates or intends to initiate an action for trademark or patent infringement may request the competent national authority to order immediate precautionary measures in order to prevent the commission of the offense, prevent its consequences, obtain or preserve evidence, or ensure the effectiveness of the action or compensation for damages.

Precautionary measures may be requested before initiating the action, with the action, or after the action.

Border enforcement: The owner of a trademark registration who has valid grounds for suspecting that the import or export of goods infringing that registration may occur, will be able to request that the competent national authority suspend the customs operation.

Preliminary reconciliations: Reconciliation is an action that seeks to cite an alleged violator in person to expose the actions and consequences to which they are exposed if there is continued unauthorized use of a trademark or a patent under the ownership a third party or, if that fails, to exhaust the procedural requirement for any dispute, in case the audience fails, either by their inability to agree or the absence of any of the parties. It should be noted that the conciliation has the same effect as a court ruling.

Criminal complaints for trademark or patent infringement or copyright violation: A criminal complaint is an action that informs the Attorney General's Office, through a letter, of the possible commission, on behalf of an alleged offender, of a criminal offense, when there is patent or trademark infringement, as well as the violation of moral or economic rights, which are offenses under the Penal Code.

Civil actions for patent or trademark infringement: Through these actions one can request that a judge or the Superintendent of Industry and Commerce (Colombian IPO) enforce the cessation of acts that constitute a violation, as well as enforce appropriate compensation for the damages caused to the owner of a trademark or patent.

Presentation and defense of oppositions in the process of trademark registration: Once an application for trademark registration is published in the Gaceta de la Propiedad Industrial, any third party may file objections if they consider that their rights are being violated by the sign requested.

Presentation and defense of trademark cancellation actions: According to the Decision 486 of 2000, the competent national office shall cancel the registration of a mark at the request of an interested party when, without justification, the mark has not been used in at least one country of CAN by the owner, a licensee or another person authorized to do so during the three consecutive years preceding the date when the cancellation initiates.

Government channels’ resources and requests for direct recall: The decisions of the Director of Distinctive Signs of the SIC are susceptible to challenge before the Deputy Superintendent for Industrial Property through an appeal. Likewise, an administrative act, issued by the SIC, may be revoked, ex officio or upon request, when it indicates its opposition to the Constitution or the law; when not in accordance with the public or social interest; or when with it a person is inflicted unjustified offense.

Actions for annulment of administrative acts issued by the Superintendent’s Office of Industry and Commerce (Colombian IPO) before the State Council: The State Council may, ex officio or at the request of any party at any time, revocation of an administrative act when it goes against the provisions of Decision 486 of 2000 or local regulations.

Unfair competition:

Claims for unfair competition: Acts and conduct of unfair competition are prohibited under existing Colombian law.

Claims for unfair competition are decided by a judge or the Superintendent’s Office of Industry and Commerce, in exercise of their judicial functions. The declaration of disloyalty of the acts charged, and the suspension or removal of these effects, is sought through them. Similarly, one can seek compensation for damages through these actions.

Consumer protection:

Complaints or claims for violations of consumer protection regulations: Any consumer of a good or service may file a complaint or lawsuit against the manufacturer, importer, marketer or service provider for possible violation of consumer protection rules. The Superintendent’s Office of Industry and Commerce has the function of ensuring the observance of the provisions on consumer protection.

Our firm has a group of expert lawyers that will represent you in your disputes through personalized and careful service. Contact us.