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Apple will be able to sell iPhone and iPad with 4G technology in Colombia

Apple will be able to sell iPhone and iPad with 4G technology in Colombia
Manzana. (Photo: REUTERS/Mike Segar)

The Civil Chamber of high Court of Justice of Bogotá in Colombia confirmed the first instance decision that rejected the request to prohibit the importation, sale and promotion of devices and mobile phones with 4G technology of Manzana.

“It does not seem logical to affirm that the protection of the patent right of ericsson imposes -yes or yes- to prohibit Apple from exercising the rights it considers to have in other national or foreign courts, or, for the moment, in the venue of anticipated precautionary measures, order that the existence of the process be publicized, or prohibit the use of material to promote equipment that uses or complies with the 4G standard”, explains this 17-page resolution.

The Tribunal adds that “with this same orientation, the caution requested in numeral 9.110 does not seem necessary, since it has not been proven that Apple Colombia is taking actions aimed at eliminating or modifying its own correspondence.”

(photo: Superior Court of Bogotá)
(photo: Superior Court of Bogotá)

The reporting magistrate, Marco Antonio Alvarez Gomezresolved the appeal of the decision of February 22 of the Fifth Civil Judge of the District of Bogotá.

“In light of the foregoing, the Superior Court of Bogota, Civil Chamber, confirms the order of February 22, 2022, issued by the 5th Civil Circuit Court of the city within the reference process, insofar as it denied precautionary measures, but modifies it -to add it- in the sense of ordering that the judge decides on one or several precautions that are less burdensome or different from those requested, ”says the ruling.


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Some measures to take into account

Likewise, the Supreme Court ordered the judge other precautions to guarantee the protection of the patent rights of ericsson, such as the constitution of a sufficient guarantee and/or a provisional payment that materializes to the recognition -indexed- of the sums that, per equipment, Apple had been paying in compliance with the previous license agreement -of course in relation to the devices and cell phones imported into Colombia-, as long as the parties do not agree on another sum, it being clear that the judge may opt for these or other reasonable measures.”

And as already mentioned in the first lines of the article, the decision came in the middle of a trial on the use of the patent of ericsson In colombia.

The Supreme Court rejected the arguments presented in the appeal by Ericsson’s lawyers who tried to prohibit Apple from marketing products with 4G technology because the patent was used irregularly in Colombia and that it belongs to a multinational company (Ericsson).

Ericsson and Apple logo.  (photo: Applesfera)
Ericsson and Apple logo. (photo: Applesfera)

What are the 5G devices that Apple can sell in Colombia

Now, speaking of the fifth technology, in the list of products there are not only smartphones, but also tablets that work with 5G networkwhich is not yet available in the country, but is included as one of the high-end features of the devices.

These are all the products that the company already has the guarantee to market again in Colombia without any problem:

– iPhone SE 2022

– iPhone 13

-iPhone 13 Mini

-iPhone 13 Pro

-iPhone 13 Pro Max

iPhone 13 Pro. (photo: REUTERS/Mike Segar)
iPhone 13 Pro. (photo: REUTERS/Mike Segar)

– iPhone 12

-iPhone 12 Mini

-iPhone 12 Pro

-iPhone 12 Pro Max

– iPad Pro (11-inch, 4th generation)

– iPad Pro (12.9-inch 6th generation)

– iPad mini (6th generation)

– iPad (10th generation)

– iPad Air (5th generation)

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