As patent disputes become a more cross-border issue than ever before, international companies must look upon “non-traditional” jurisdictions to litigate their patent portfolios.
Colombia has become a popular jurisdiction for this purpose within the last few years. Overall, the country offers a patent-friendly environment where holders may find a robust system to protect their intangible assets, and defendants may find adequate guarantees inside and out of the courtroom.
This article explains three reasons to consider Colombia an attractive destination for patent litigation campaigns.
1. A specialized court
Colombia has a specialized Court for patent infringement cases created as a Judicial Division inside the Superintendency of Industry and Commerce (“SIC”).
As a remarkable aspect, this Court has jurisdiction in the whole country, and it can also decide upon trademark infringement and unfair competition cases. Therefore, the SIC offers an exciting environment for complex litigation and dynamic strategies.
2. A powerful prelitigation discovery motion system
Even before a trial, Colombia offers an expedite prelitigation discovery motion system allowing holders to request the production of evidence from an alleged infringer. Companies seeking to support a defense for a patent infringement accusation can also use the system.
In recent cases, discovery motions have proven to be a powerful tool for pharmaceutical companies to gather information about an alleged copycat product’s formulation. The SIC has given access to pharmacological dossiers, samples, and even to the active pharmaceutical ingredient of these products for a patent infringement assessment.
3. Preliminary injunctions
Preliminary injunctions are available for any patent holder on commonly ex-parte an expedited basis.
For getting an injunction, the plaintiff must provide evidence about the real likelihood or imminence of infringement, which is something that the patentee can get from a prior discovery motion.
Obtaining this sort of relief is not uncommon in the country. In fact, preliminary injunctions are more accessible in Colombia than in other jurisdictions where judges must consider the kind of patent, the type of holder, and even the public interest before issuing an injunctive order.
Written by Carlos Tamayo, Intelectual Property associate.