In 2015, the Supreme Court of Colombia, in the Civil Appeals
Courtroom, settled an appeal for a case whose origin was the
plaintiff's non-conformity with the profit distribution by
Fedepapa. This occurred as a result of the sale of texts entitled
"Vademecum del Cultivo de Papa," from 1996 and "Guia
para el Cultivo de Papa," from 2005. The authorship of these
works belonged to the plaintiff, according to what was stipulated
in a civil society contract regarding the publication of the
Vadecumen text and its various versions.
According to the wording of the contract, 50% of the profits
would correspond to the author. However, the plaintiff felt that
the amount actually received was unjustifiably low, so a lawsuit
The appeals court argued that the book "Guia para el
Cultivo de Papa" was really a different piece than
"Vademecum del Cultivo de Papa," meaning that the 50%
profit payment was only relevant to Vademecum.
That said, the court, upon analyzing the situation from the
point of view of an incorrect assessment of the evidence, found
that the first clause in the aforementioned contract specified that
the plaintiff would be considered the author not just of the new
editions of Vademecum, but of different versions, as well. This, in
the criteria of the court, includes "Guia para el Cultivo de
The court remarked that regardless of whether the two pieces
have different titles, both pieces should be assessed to determine
if there is a link between them. The aim would be to decide if they
are really to be considered new pieces or new editions or versions
of the original.
The court also found that since the "Guia para el Cultivo
de Papa" was determined to be a new version of the Vademecum,
they should share the profits 50/50. The court further stated that
the legislators did not limit the property rights because the media
being used cover a wide range of broadcasting and publicity
channels. The complete text of the judgment can be found here.
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Please be informed that the devaluation of 59% on the exchange rate used to calculate the official fees for foreign IP owners announced by the Government on February 18 has been finally published in the Official Gazette No. 40.865.
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