Constitutional Court approves Trademark Law Treaty

The Constitutional Court of Colombia has endorsed the Trademark Law Treaty (TLT) (Ruling C-261/11).

Law 1343, dated July 31 2009, had approved the TLT. In order for the TLT to be applicable in Colombia, the Constitutional Court had to decide whether it fulfilled each and all of the constitutional principles and norms. 

The Constitutional Court concluded that, with regard to both the formal and substantive aspects, the TLT, as well as the instruments by which it was approved in Colombia, were in accordance with the Constitution.

In particular, the court considered that the TLT developed the principles set out in the Constitution, as it directed to expedite trademark application proceedings and to protect IP rights according to the principles of equity and reciprocity. The court found that the norms contained in the TLT were in accordance with due processes and improved free competition and international integration.

The next and final step is the ratification of the TLT through the deposit of the treaty. The TLT will enter into force in Colombia three months after it has been deposited.

Valerie Fritz and Margarita Castellanos, Castellanos & Co, Bogota

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