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    14

    Patent holder cannot register the denomination as a trademark.

    The First Section of the Council of State, in its analysis of the appeal filed against a judgment of the Superintendency of Industry and Commerce that denied the registration of the trademark “L. CASEI DEFENSIS” for the identification of products such as milk or powdered milk (included in international class 29 of NIZA), ruled on the plaintiff's arguments regarding the fact that the plaintiff company holds the title to an invention patent with a specific denomination, and pointed out that, as established by the Court of Justice of the Andean Community, the holder of an industrial property right of this nature cannot register said denomination as a trademark, since it must be analyzed to determine whether it is registrable.

    February 7, 2023

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    19

    Expedited Insolvency Proceedings Extended Through 2023.

    The Covid-19 pandemic generated a series of events or crises that led to a reassessment of various economic, administrative, and legal situations throughout society. In Colombia, various measures were implemented to address the consequences that arose on a daily basis, and especially the direct effect on the country's economy. This led to the establishment of agile legal processes through Decree-Laws, in order to safeguard the internal economy and provide all entrepreneurs with a lifeline to continue their businesses, without having to resort to an unexpected closure, or, failing that, to ensure that the closure of the company was agile enough to pay off debts, return its assets to the normal flow of the market, and reactivate commerce within the sector where it operates.

    January 12, 2023

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    38

    CONSUMER PROTECTION IN ENTERTAINMENT OR SHOW PRODUCTS.

    Through its Circular 004 of April 1, 2022, the Superintendence of Industry and Commerce laid the groundwork for the procedures and effectiveness of consumer protection rules and those regulations designed to protect entrepreneurs within the framework of the health and economic crisis caused by the COVID-19 pandemic, which directly affected the public entertainment industry, hindering the consumption of such shows. This led the national government to issue Decree 818 of 2020, which modifies the rights and obligations of the parties regarding cancellations, deadlines, suspensions, and the legal warranty for such events. However, this position, which we will analyze, presents certain legal situations that need to be mentioned.

    April 26, 2022

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    71

    Commercial Trust – Autonomous Estate

    According to a ruling of August 3, 2005, case file 1909, the Supreme Court of Justice defines the Autonomous Estate as those that, as a general rule, have a transitory life of their own but are intended to become definitive when they come to belong to a natural or legal person, to fulfill a purpose, or to be part of a specific application or allocation. That is to say, this type of estate has rights and obligations, constituting a legal universality in that they answer with their assets for their liabilities. This is in line with the Commercial Code, Article 1234, numeral 4, which shows that the legal entity is the trustee and will be responsible for the protection and defense of all assets delivered by the settlor in favor of the beneficiary against the actions of third parties.

    April 3, 2018

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