OlarteMoure & Asociados LTDA
Colombia:
Copyright, Intellectual Property | Colombian Copyright Law Will Be Modified
04 November 2016
OlarteMoure & Asociados LTDA
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The Colombian Ministry of Commerce, Industry and Tourism has
released the draft of a bill project to amend the Law 23 of 1982, which regulates some aspects
regarding copyright in Colombia.
The bill aims to strengthen punitive measures against piracy
(including criminal measures) and update exceptions and limitations
to copyrights. Also, it implements a "pre-established
damages" concept (the valuation of damages can be made by the
judge according to the criteria defined in the Colombian procedure
law if desired by the plaintiff) and extends from 50 to 70 years
the term of economic rights in head of a legal person (a natural
person already enjoys 80 years from the death of the author).
However, the bill does not implement a system to effectively
combat technological piracy (like notice and take down procedures)
and does not address the role of internet service providers (ISPs)
in infringements of copyrights. A future reform including
these items is expected.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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