?? These are the most recent IP Law News ??? (10 / 04 / 2024)

On September 20th, 2024, the Superintendency of Industry and Commerce (SIC) issued recommendations on information security to the Superior Council of the Judiciary. Among the recommendations, it established the co-responsibility of magistrates in the processing of personal data, requiring them to implement useful, opportune, efficient, and demonstrable measures to ensure compliance with their constitutional and legal obligations under Colombia's data protection regulations.?

Additionally, the SIC recommended creating the Digital Transformation and IT Unit to respond to security incidents, implement improvements in technology management systems, periodically review contingency plans, modify the process for managing and storing court hearing recordings, decentralize the data generated by the judicial branch, centralize technical support for regional offices, and standardize the processes for reviewing and updating risk management procedures.

To modernize its systems and their customer service, the United States Patent and Trademark Office (USTPO) inaugurated the Trademark Trial and Appeal Board (TTAB) Center Beta for filing notices of opposition, through which a party may challenge the registration of a trademark.????

Although the final notice of opposition form is planned to have its official launch in spring 2025, customers will be able to use the form’s open beta period during the next six months to file notices of opposition using TTAB Center or the existing filing platform, the Electronic System for Trademark Trials and Appeals (ESTTA).??

Yet, the USTPO’s goal is to eventually transform into having the TTAB Center as the central platform for parties doing business with the TTAB, replacing ESTTA.

Law 2345 of 2023 came into force on December 30, 2023, and prohibited the creation of government trademarks with the aim of eliminating the excessive expenses incurred in their execution. Government trademarks have been used to represent specific administrations, promoting the image of a person, party, or government plan, instead of referring to the State Entity as such.??

Now, the Colombian Association of Capital Cities (Asocapitales) filed a lawsuit against Law 2345, arguing that it violates the autonomy of the State Entities, particularly because the imposition of a Visual Identity Manual through the law, and the requirement that the Administrative Department of the Public Function verifies the compliance of such Manual contradicts the constitutional powers of the Entities of this nature. Additionally, the plaintiff argues that the prohibition of contracting new distinctive elements affects the territorial fiscal autonomy, since, according to their criteria, as long as government trademarks are used in a responsible manner, there should be no limitations. Finally, the lawsuit determined that the punitive consequences of the Law are not clear, which implies a vulneration of the principle of legality.??

With the lawsuit filed by Asocapitales, the Constitutional Court will be called to rule on the constitutionality of Law 2345.?

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