Liste de questions concernant les moyens de faire respecter les droits au titre de l'article 63:2 de l'Accord sur les ADPIC ‒ Afficher les détails du document


a) Procédures et mesures correctives judiciaires civiles

b) Procédures et mesures correctives administratives

a) Mesures judiciaires

b) Mesures administratives

2 Given the fact that the district civil courts specializing in trade matters have not yet been set up by the corresponding body, the jurisdiction assigned to them is exercised by the existing circuit civil courts. (Supreme Court of Justice, Civil Cassation. Order of 25 June 1992. Reporting Judge Eduardo García Sarimiento.)

3 Article 26, Code of Civil Procedure.

4 In line with Article 65 of the Commercial Code.

5 In conformity with Article 67 of the Commercial Code which provides: "if the trader does not submit the books and papers ordered to be produced, conceals any of them or obstructs their examination, the facts alleged against him/her by the opposing party shall be taken to be established, if deposition is admissible for those facts" (…).

6 For example, books and archives contained in the Commercial Registry, in accordance with Article 26 of the Commercial Code.

7 Article 10, Law 256 of 1996.

8 Article 11, Law 256 of 1996.

9 Article 15, Law 256 of 1996.

10 Article 17 of the Code of Civil Procedure provides that the specialized circuit civil courts have original jurisdiction over proceedings relating to "patents, industrial designs, marks, commercial signs and trade names and other industrial property assets", which are not assigned to the administrative authorities or the administrative courts, and that the precautionary measures provided for in Articles 678, 681, 682 and 690 of the Code of Civil Procedure may be requested for the purpose of preventing continued violation of such rights.

11 Legal agency refers to fees for legal representation … they constitute consideration for the expenses incurred by the party in the judicial defence of his/her interests … The order for costs does not necessarily correspond to the fees actually paid by the successful party to his/her representative". Constitutional Court, Judgement C-539 of 28 July 1999. Reporting Judge Eduardo Cifuentes Muñoz.

12 Paragraph 2, Article 393, Code of Civil Procedure.