After more than 22 years, the first section of the Council of State has just put an end to the dispute between the National Federation of Coffee Growers, a businessman in the sector, and the Superintendence of Industry and Commerce.
(Agricultural exports grew 30% between January and April).
Its about ruling in favor of the Federation, which is related to the so-called demucilaginators and coffee washers, key machines for the processing and classification of the grain.
Since 1999, the Superintendence of Industry and Commerce (SIC), under the Mechanism inventor rankrecognized the businessman Álvaro Ardila Duarte the patent for that machine, according to resolution 07672.
(Coffee production in Colombia fell 4%).
“The invention meets the requirements for patentability, given that the elements already known and the use of other similar ones represent a technical advance, specifically with the coupling of the rotor to the machine, which the plaintiff (the Federation) intends to see as a subtle difference “, said the attorney Ardila Duarte, owner of the patent according to the SIC.
Although the alleged illegal use of that patent is not quantified, all producers use it. Therefore, the Federation demanded the resolution arguing that the patent does not meet the novelty requirements, inventive level and industrial application, since it is included within the technique that has been applied.
The Superindustry opposed the Federation, pointing out that the patent did meet the legal requirements. And he warned that, according to the patentability examination, no proof of the above was found.
Recently, the Council of State agreed with the representative of the Federation, former magistrate Julio César Ortiz. In addition, EL TIEMPO established that it has just declared the nullity of the Superindustry and says that this type of mechanism, according to an expert witness, has existed since 1994.
BRIEFCASE
*With information from EL TIEMPO
