CMS Expert Guide on Preliminary Injunctions in IP in Colombia

Various IP rights, including trademarks, copyrights, patents, industrial designs, and trade secrets.

No. However, the applicant must provide the court with sufficient evidence and legal arguments to establish a prima facie casethat there is a threat or actual infringement of the applicant’s IP. 

Yes. Typically before or alongside the main action, if urgency or necessity is demonstrated. Failure to act promptly may weaken the claim, as courts often require the applicant to show that immediate intervention is essential to prevent irreparable harm or the continuation of the alleged infringement.

The court will prioritize and handle a PI request urgently. A decision could be issued from within three weeks to three months. 

Yes, particularly if it is demonstrated that the injunction is no longer necessary or that the right being protected no longer exists. Also, if the main action is not initiated within 10 days of the PI judicial order, the PI proceeding will be suspended. 

The applicant must provide evidence supporting three key elements: standing, prima facie case, and urgency. 

Yes. PI proceedings are ex-parte until after the PI is ordered by the judge, where the counterparty will be given the opportunity to appeal the decision.

Yes. The costs may be recoverable from the counterparty if the PI is upheld. 

Yes, the court may order the applicant to post a bond or financial guarantee to cover potential damages that the respondent might suffer if the injunction is later revoked or found to be unjustified. 

Yes. a PIcan be appealed or challenged. However, the appeal proceeding does not suspend the PI D. 

Proceedings to challenge a preliminary injunction (PI) Typically one to three months, depending on the complexity of the case and court workload. 

Immediately upon notification to the respondent. The PI remains in force until a final ruling is issued or the measure is modified, revoked, or replaced by the court.

Courts can impose or initiate contempt proceedings, which can lead to stronger sanctions, including arrest in severe cases. 

Yes, if a PI is later found to be unjustified and is revoked, the counterparty may seek damages for any harm suffered.

Yes. Further proceedings on the merits are required for a court to maintain an injunction, otherwise, the PI will be suspended. If the court ultimately rules in favor of the claimant, it may convert the PI into a permanent injunction.