What legal or administrative proceedings are available for enforcing patent rights against an infringer?
A patent holder may pursue civil or criminal actions either to stop or to prevent infringing acts. The Superintendence of Industry and Commerce (SIC) has jurisdiction over infringement cases through an independent judicial division. The SIC is also where the Colombian Patent Office resides.
Civil actions may be pursued before the SIC or the civil circuit courts present in the larger cities. Criminal actions may be pursued before a specialised unit for intellectual property affairs (according to articles 306 and 307 of the Criminal Code); however, criminal infringement actions are extremely rare. If the infringer is a public servant or a government entity, the patent holder must file a ‘direct reparation’ lawsuit before the contentious administrative jurisdiction.
What are the burdens of proof for establishing infringement, invalidity and unenforceability of a patent?
The burden of proof to demonstrate infringement for product claims lies on the plaintiff, and the standard is similar to the US ‘clear and convincing’ standard. This burden may be reversed for method claims if the plaintiff can show:
- a substantial likelihood that the process is being infringed.
To know more about this and other topics relating to patents in Colombia, read the whole document.
If you need more details or help with any specific case contact us.
