ARTICLE
4 November 2016

Copyright, Intellectual Property | Colombian Copyright Law Will Be Modified

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OlarteMoure & Asociados LTDA

Contributor

OlarteMoure & Asociados LTDA
The bill aims to strengthen punitive measures against piracy (including criminal measures) and update exceptions and limitations to copyrights.
Colombia Intellectual Property
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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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