Our Colombian Colleagues Marcela Palacio Puera, Andres Izquierdo, and Carolina Botero have drawn our attention to the breaking news that the Colombian Constitutional Court has struck down the Free Trade Agreement Copyright implementation bill known as “Lley Lleras 2” on procedural grounds.
PIJIP organized a letter from international academics and experts on the bill while it was being negotiated, criticizing its rushed process and imbalanced substance. On substance, the letter noted that “the Bill provides for significantly less balance than do the laws of many other countries, including the United States, which is also bound by the terms of the FTA,” and specifically noted “a number of areas in which the Bill fails to link the enhancement of proprietor rights with a correlative limiting principle, or to make a new right subject to generally applicable limitations and exceptions” that would exist under US law.
Anticipating this moment, the letter suggested “some specific areas of choice to which a renewed deliberative process might devote attention.” The Court’s action provides the opportunity for Colombia to revisit these issues and produce a more balanced outcome for Colombia’s citizens and businesses.
Some news on the ruling is at:
Back stories at: