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Franco & Abogados Asociados | Colombia | 15 Sep 2021

Opportunities ahead? Colombia issues new law for ship registration

A new maritime law that includes changes relevant to registering ships under the Colombian flag was recently issued. Although the new law has not resolved all of the key issues at hand, it has addressed some of the day-to-day issues, which will at least make it simpler for those that need to register a vessel in Colombia.
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Baker McKenzie | Colombia | 1 Sep 2021

Impacts of vaccination on employment

National public immunisation has developed rapidly of late, meaning that companies are increasingly able to allow staff to continue their duties in the workplace. Employers must now make suitable preparations for the return of vaccinated employees in addition to dealing with employees and future hires who refuse vaccination.
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Baker McKenzie | Colombia | 14 Jul 2021

Constitutional Court rules that exclusion from work based on sex is unconstitutional

The Constitutional Court recently established that the measure expressed in numeral 13 of article 108 of the Substantive Labour Code, which allowed employers to deem which business activities were too dangerous for women, did not pass the integrated reasonableness test. Further, the measure, expressed as "women and…", was found to lead to disproportionate and arbitrary treatment of women in......
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Castellanos & Co | Colombia | 26 Apr 2021

Filing trademarks which claim colours – can you use adjectives?

A claim of colours defines a trademark's scope of protection. How to claim colours within a trademark application is an area that has undergone many changes in Colombian prosecution practice. Nevertheless, in a recent resolution, the Trademark and Patent Office finally set out clear regulations on how to proceed.
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Castellanos & Co | Colombia | 8 Mar 2021

New resolution modifies patent application process

The Trademark and Patent Office recently issued Resolution 59669, which modifies in part the existing patent procedure regulations. While the amendments may make the patent application process lengthier and more expensive, they resolve various issues relating to the filing and scope of divisional applications. This article presents a summary of the most significant changes introduced, along......
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Franco & Abogados Asociados | Colombia | 7 Oct 2020

Oil pollution risk: should Colombia ratify the Supplementary Fund and the Bunkers Convention?

Discussions have recently arisen among academics and professionals as to whether Colombia's pollution protection regime for ships carrying crude oil as cargo or bunkers is satisfactory. Thus, now seems like a good time to reopen the debate on whether ratifying the Supplementary Fund Protocol and other international instruments (eg, the Bunkers Convention) could help Colombia to protect itself......
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Franco & Abogados Asociados | Colombia | 8 Apr 2020

Dealing with COVID-19: is quarantine for cargo vessels always the solution?

Local authorities in Colombia have found themselves facing the same dilemma that the COVID-19 pandemic is causing everywhere: how to protect public health while at the same time maintaining the operation of commercial activities and the flow of necessary goods to the greatest extent possible. To this end, the Colombian National Maritime Authority has been following International Maritime......
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Franco & Abogados Asociados | Colombia | 25 Sep 2019

New maritime code offers a way forward

The National Maritime Authority recently published the first draft of what could become the new Colombian maritime code. The draft aims to consolidate the main regulations applicable to maritime activities at the domestic level in a single piece of legislation (ie, a maritime code). Among other things, it incorporates regulations on subjects such as navigation-related issues, contracts for......
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Franco & Abogados Asociados | Colombia | 14 Nov 2018

New tugboat resolution: what you need to know

A new resolution, which was recently released at the local level, has introduced requirements for tugboats operating in Colombian waters. The resolution establishes national rules on the organisation, planification and performance of towage operations in line with International Maritime Organisation (IMO) Resolution A 765(18) and other IMO regulations on safety requirements for towed ships......
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Franco & Abogados Asociados | Colombia | 10 May 2017

Is Colombia really a Hague/Hague-Visby jurisdiction?

For local lawyers working in the shipping and transport sector at the domestic level, the question of whether Colombia really is a Hague/Hague-Visby Rules jurisdiction has been posed on many occasions. In particular, despite the fact that Colombia has not yet properly ratified any of the existing instruments available internationally, the relevant section of the Commercial Code has supposedly......
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