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.
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.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
El 27 de diciembre de 2016, fue publicado en el Diario Oficial de la Federación un Acuerdo que modifica lineamientos para el uso del Portal de Pagos y Servicios Electrónicos (PASE) del Instituto Mexicano de la Propiedad Industrial (IMPI), en trámites de solicitudes de marca y aviso comercial.
Recently the Nice International Classification of Products and Services, a system used to categorize trademark applications, has been updated once again, with the entry into force of the 11th Edition on January 1, 2017.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).