PIJIP Res. Paper: Intellectual Property Reform in Colombia

 Posted by on June 24, 2013  Comments Off on PIJIP Res. Paper: Intellectual Property Reform in Colombia
Jun 242013
 
Andrés Izquierdo

Andrés Izquierdo

PIJIP Research Paper no. 2013-02

Authors: Glushko-Samuelson Intellectual Property Clinic in Collaboration with Andrés Izquierdo and Fundación Karisma

Introduction: In January 2013, the Colombian Constitutional Court struck down on procedural grounds the controversial copyright law known as Ley Lleras 2.0, which presented Colombia with a tremendous new opportunity to draft balanced copyright legislation that meets the needs of its citizens. Continue reading »

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English Translation of the New Colombian Copyright Bill (no. 306)

 Posted by on May 21, 2013  Comments Off on English Translation of the New Colombian Copyright Bill (no. 306)
May 212013
 

colombia flag - better croppingCarolina Botero has sent us an English translation of the new copyright legislation that was recently proposed in Colombia to replace the controversial “Ley Lleras 2.0” law that was struck down earlier last year by the Constitutional Court.  The law is meant intended to bring Colombia into compliance with the IP provisions i its FTA with the United States, but public interest groups have warned that it expands the scope copyright beyond what is required, and contains confining language on limitations and exceptions, and includes criminal penalties for DRMs that would apply to a very broad definition of for-‘profit’ activities.

The English translation is available here.  The original version in Spanish is available here.

For analysis of the bill see blogs by Carolina Botero and Andres Izquierdo.

 

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New Colombian Copyright Legislation Introduced – How Does It Compare to Ley Lleras 2.0?

 Posted by on May 20, 2013  Comments Off on New Colombian Copyright Legislation Introduced – How Does It Compare to Ley Lleras 2.0?
May 202013
 

andresLast May 17th a new copyright bill was resubmitted in the Colombian Congress as part of the implementation of the FTA with the United States. The new Bill is introduced as a replacement to the 1520 Act of 2012 (Ley Lleras 2.0), law that was struck down last January by the Constitutional Court (Case C11-13) on procedural grounds. The bill was submitted in Congress by the Ministry of Interior, Fernando Carrillo, and the Ministry of Commerce, Industry and Tourism, Sergio Diaz Granados. The new bill retains most of the previous articles of Ley Lleras 2.0, and also modifies, corrects and increases more the scope for enforcement of copyright and neighboring rights in Colombia. Continue reading »

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The Court Decision that struck down Ley Lleras 2.0

 Posted by on March 22, 2013  Comments Off on The Court Decision that struck down Ley Lleras 2.0
Mar 222013
 

andres This week, the Constitutional Court published the judgment C-011/13  that struck down the Law 1520 of 2012, also known as Law Lleras 2.0., on the procedural grounds  from a substantive law providing requirements of how a law needs to be passed in Congress (Act 3 of 1992).

Although the dissenting votes have not been published, the judgment is in force.

This ruling shows the issue in Court was to decide if a copyright bill that implements an international treaty (FTA Colombia -US) should be addressed by the Committees (Commissions) in Congress in charge of International laws and affairs, or if such law should be addressed by the Committees in Congress in charge of Intellectual Property laws.  The other charges of the challenge brought upon Law Lleras 2.0. were not decided by the Court.  Continue reading »

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Sentencia de Corte Sobre Ley Lleras 2: Inexequible

 Posted by on March 21, 2013  Comments Off on Sentencia de Corte Sobre Ley Lleras 2: Inexequible
Mar 212013
 

colombia flag - better cropping[Published on karisma.org.co, CC-BY] El 23 de enero de 2013, la Corte Constitucional comunicó su decisión de declarar INEXEQUIBLE en su integridad la ley 1520 de 2012 (Ley Lleras 2), demandada por el Senador Jorge Enrique Robledo. El pasado 18 de marzo fue publicado el texto de la sentencia C-011 de 2013 y se mantienen pendientes de publicación los respectivos salvamentos de voto. Daniel Ríos Sarmiento, colaborador de la Fundación Karisma, resume así el logro que representa esta sentencia: Continue reading »

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Colombian Constitutional Court Support Colombian Civil Society Concerns: Ley Lleras 2.0 Is Not Constitutional

 Posted by on January 28, 2013  Comments Off on Colombian Constitutional Court Support Colombian Civil Society Concerns: Ley Lleras 2.0 Is Not Constitutional
Jan 282013
 

boteroThe official press release of the Colombia’s Constitutional Court confirmed that #LeyLleras2 was declared unconstitutional in its entirety due to procedural irregularities during its process in Congress.

The Court after analyzing the content of the Act found that it mainly regulated copyright and related rights. For this reason, the approval on first debate of the bill should have been done in the first commissions of Congress because it was an intellectual property issue, and not in the second commissions in charge of international affairs. Continue reading »

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