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Latin America IPR SME HelpdeskIP Factsheet: Colombia

1. THE FACTS: BUSINESS IN COLOMBIA FOR EU SMES(Source: DG Trade)

A. SIZE of market

GDP in 2014: €289,7 Billion (Source: DG Trade)Annual Growth Rate in 2014: 4.6% (Source: DG Trade)Population in 2014: 47.79 million (Source: DG Trade)EU Import in 2014: €7,4 million (Source: DG Trade)EU Export in 2014: €8,2 million (Source: DG Trade)

B. Key INDUSTRIAL SECTORS

Key industrial sectors in Colombia include hydrocarbons, agriculture and services (financial, retail, tourist, communications and construction).

Colombia is the fourth largest coal exporter and the fourth largest oil producer in the Region. Both products represent more than 65% of Colombia’s total goods exports.

The Government is providing incentives for other key industries. For instance, it has invested €630 million during the first semester of 2015 in infrastructure projects including motorways, ports, airports and railways. The national statistics agency (DANE) has also registered a 7,7% increase in the area of new housing facilities (flats, houses, etc.) built during the same period.

Besides its well-known reputation as a coffee exporter, Colombia is also the third coun-try with the largest area of arable land for fruit (7.5 million tons per year) and the se-


Latin America IPR SME HelpdeskIP Factsheet: Colombia

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THE FACTS: Business Facts in Colombia for EU SMEs

SIZE of market Key INDUSTRIAL SECTORS

IPR in Colombia: THE BACKGROUND

Intellectual Property Rights for SMEs: Why is this relevant for you?How does Colombia's IP legal framework compare to INTERNATIONAL STANDARDS?

IP Rights in Colombia: THE BASICS

A. Copyright and Neighbouring RightsB. Patents and Utility ModelsC. Industrial Design (2D and 3D)D. TrademarksE. Appellations of origin and Geographical IndicationsF. Other IPRs

Using CUSTOMS to Block Counterfeits

ENFORCING your IPRs

RELATED LINKS and Additional Information

GLOSSARY

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Co-funded by:

European Union

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• May help to differentiate from competitors• Constitute a strong basis to build a goodwill in the market• Allow the generation of income through other business models

such as licensing or franchising• Could be even more important than tangible assets (e.g Coca

Cola, Apple, Google)• Prevent third parties from using its names, inventions, creative

works…

Even though Intellectual Property legislation enjoys a certain degree of international harmonization, Colombia has some differences with EU Legislation. This Factsheet is aimed to explain such differences concerning Copyright, Patents, Industrial Designs, Trademarks, Tra-de Names, Geographical Indications and Appellations of Origin.

B. How does Colombia’s IP legal framework compare to INTER-NATIONAL STANDARDS?

IPRs in Colombia are divided into two main areas, under the respon-sibility of different National Authorities:

• The national authority for aspects related to Copyright and re-lated rights is the National Copyright Directorate or Dirección Nacional de Derechos de Autor (DNDA)

• The Superintendencia de Industria y Comercio (SIC) deals with Industrial Property that protects signs (including trademarks), designs and inventions (patents and utility models)

Colombia joined the World Trade Organisation (WTO) in 1994 and has signed Free Trade Agreements with the US and the EU that came into effect in 2011 and 2012 respectively, resulting in a hig-her level of harmonization with EU IPR protection standards.

Although IP Protection has been improved during last years in areas such as patent granting delays or Appellations of Origin there are still difficulties in enforcing IPRs – mainly due to lack of an IP culture among users and authorities – other areas such as digital piracy and pirate goods’ illegal traffic have still room to improve. (Source US Special 301 Report)

Other important IPR related Treaties to which Colombia is a Party are: the Brussels Convention relating to the Distribution of Program-me-Carrying Signals Transmitted by Satellite, Treaty on the Law of Marks (TLT), WIPO’s Performances and Phonograms Treaty (WPPT), Berne Convention for the protection of Literary and Artistic Works, the Treaty on the International Registration of Audio-visual Wor-ks, Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, Madrid Agreement concerning the International Registration of Marks, the Patent Coo-peration Treaty (PCT), Paris Convention for the Protection of Indus-trial Property and the International Convention for the Protection of New Plant Varieties (UPOV) ( 1978 Act).

Colombia is also member of different regional IPR related treaties and organizations such as the Inter-American Convention on the

venth for vegetables (1.8 million tons per year) in Latin America. Other relevant goods include cocoa, shrimps, fishing products and cattle.

Green policies have favoured R&D activities in the field of non-conventional energies and there has been a boost in goods and services; in 2012 Colombia produced 368 million litres of ethanol and 490 thousand tons of biodiesel. In the retail sector, Colombia also shows promising figures. Accor-ding to DANE, retail sales increased by 7.7% in 2014. The most dynamic fields were home appliances, construction products, IT and mobile devices for personal use, automobiles, motorbikes and house cleaning equipment. Retail chains reached €11billion in sales, representing a 9.6% increase compared to 2013.

In the tourism sector, 2.879.543 foreigner travellers visited Colom-bia during 2014 (16,1% coming from the EU), which represents an 11% increase from 2013.

The number of Internet users has also increased steadily from 40.4 per 100 people in 2011 to 52.6 in 2014. E-commerce has experien-ced a boost to €3050 million in 2014, which represents an increase of €800 million compared to 2013.

2. IPR IN COLOMBIA: THE BACKGROUND

A. Intellectual Property Rights for SMEs: Why is this relevant for you?

Intellectual Property (IP) refers to any creation, invention or sign, which can be used in commerce and is bound to its creator or in-ventor, capable of generating profits for its creator, inventor or right holder. Hence, it must be considered as part of the main assets in a company or industry. IP is usually divided into two branches, na-mely Industrial Property, which relates to inventions, designs or sig-ns used in commerce; and Copyright (or ‘author’s right’, according to non-English definitions), which relates to literary and artistic works.

Intellectual Property Rights (IPR) are exclusive rights granted by a National Authority or by the Law that allow the right holder to pro-hibit any unauthorized use or exploitation of their creations, inven-tions or signs by third parties. The exclusive right is territorial and temporary, its length differ depending on the IPR.

The importance of IPR therefore lies in the possibility to generate assets for the companies based on the exploitation of the exclusive right granted and the protection against unfair competitive practices.

The creation and protection of most IPRs, namely copyrights, tra-demarks or industrial designs, does not involve a big investment of resources compared with the advantages that it can bring, whereas the development and protection of inventions (Patents) tend to be more expensive. In both cases SMEs could benefit from the right pro-tection, management and exploitation of their IP Rights since they:

LATIN AMERICA IPR SME HELPDESK - IP FACTSHEET: COLOMBIA

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As in Europe, Copyright in Colombia splits into two groups of rights:

• Economic rights, derived from the property of a protected work, grant the author (or owner) the right to prevent third parties from: communicating to the public, reproducing, distri-buting and transforming the work

• Moral rights are personal rights of the author that cannot be transferred and include mainly the right to be recognized as author, the right to decide to publish the work and the right to the integrity of the work

Economic rights can be transferred or licensed in order to allow third parties to exploit the work. The transfer or license can be done over all the economic rights recognized by the law or only in relation with some of them.

Neighbouring rights or related rights protect the contribution made by other actors that intervene in the creation or exposing of a work (e.g. performers, producers of phonograms and broadcasters).

TIPS AND WATCH-OUTS

Although computer programs or software as such should be protected via copyright, the SIC has granted patents on inventions that are implemented by computer. Should you have any query related to software patentability in Colom-bia, we invite you to contact our helpline. It is free, fast and confidential

Rights of the Author in Literary, Scientific and Artistic Works, Buenos Aires Convention on Literary and Artistic Copyright, General Inter-American Convention for Trade Mark and Commercial Protection, the Andean Community (CAN) and the Andean Tribunal of Justice.

The CAN is a trade block composed of Colombia, Ecuador, Bolivia and Peru in charge of the harmonization of the Andean Market that shares some traits with the European Union, such as laws that are directly binding for all the Member States (Decisiones) under the control of the Andean Court (Tribunal Andino).

Decisions regulate different matters such as customs, occupational safety and health, migration and IP. Decisiones 486 on the Common Regime of Industrial Property and 351 on the Common Regime of Copyright and Neighbouring Rights are the most relevant IP related ones

Finally, Colombia has signed 13 free trade agreements (including with the EU and the US) and has preferential access to the Pacific Alliance (Chile, Peru and Mexico) and the Andean Community consu-mers. It also has some institutions and organisations that promote and foster business creation in Colombia, such as different regional Chambers of Commerce and ProColombia.

3. IP RIGHTS IN COLOMBIA: THE BASICS

A. Copyrights and Neighbouring Rights

What do you need to know?

Copyright protects artistic, literary and scientific works that may be reproduced or disclosed by any current or future means such as bo-oks, lectures, musical compositions, sculptures, computer programs, etc. Such protection covers both original and derivative works (e.g. adaptations, compilations, transformations, translations or arran-gements).

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Who can register works?

Authors, or their representatives, can register their work before DNDA. Colombia’s law also entitles companies to register works as long as they have a legal representative in Colombia.

TIPS AND WATCH-OUTS

Economic right holders may also register authors’ works, if they prove that the author has licensed or otherwise authorised them to exploit the work.

HOW much does it cost?

There is no fee to pay for the registration of works before the DNDA.

TIPS AND WATCH-OUTS

Registering a book, lyric song or screenplay is specially re-commendable in Colombia since it:

1. will prove when the work was created2. confers a presumption of authorship3. is for free

HOW LONG does legal protection last?

Economic rights shall be protected for a period of 80 years from the author’s death, which is longer than the legal term of protection in Europe (70 years).

The term of protection of economic rights for anonymous or pseu-donymous works is 80 years from first publication. Economic rights on audio visual and photographic works are protected for a period of 80 years from the publication. Computer programs are protected for 80 years either after the creation or publication.

When the owner is a legal person, the duration lasts 50 years coun-ting from the creation, disclosure or publication of the work.

HOW do I register?

You do not have to register your work in Colombia to protect it, since it will be protected from its publication; however, registration may be used as proof of ownership that can be very useful in cer-tain circumstances (e.g. the authorship is not specified in the work published).

Registration in Colombia should be carried out before the Copyright national Directorate: Dirección Nacional de Derechos de Autor (DNDA).

It is possible to register your work in person at the DNDA facilities as well as online (via DNDA website). The applicant should file an application form to initiate the registration process. The following information must be submitted:

(i) applicant (either in his/her own name or on behalf) (ii) author(s) that created the work (identified by name, pseu-

donym, signature or a sign)(iii) work (title, year of creation, description and type)(iv) ownership status, i.e. if the economic rights belong to the

author or a third party(v) a copy of the work (attached in case of online request or

preferably in CD or DVD in case of in person application)

15 days after the reception of the work by the DNDA, the applicant can obtain a physical copy of the registration document by reques-ting it in person, or a digital copy by sending an email to [email protected].

TIPS AND WATCH-OUTS

Online registration is not available for non-Colombian appli-cants.


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TIPS and WATCH-OUTS

Almost all the dispositions related to Patents in Colombia are fully applicable to Utility Models, except a few of them (scope, duration and proceedings) whose differences will explicitly detailed herein.

What cannot be protected as a patent in Colombia?

Non-patentable inventions, according to Article 20 of Andean De-cision 486 are:

a) those whose commercial exploitation has necessarily to be prohibited in order to protect law and order or morality

b) inventions that may affect health or the life of persons or animals, plants or the environment

c) plants, animals and essentially biological processes for the production of plants or animals that are not non-biological or microbiological processes

d) therapeutic or surgical methods for the treatment of human beings or animals and also diagnostic methods applied to hu-man beings or animals.

TIPS and WATCH-OUTS

Please bear in mind that second use patents (see Glos-sary) are not allowed in Colombia, since they are for-bidden according to the CAN regulation.

Genetic Resources and Traditional Knowledge based patents

Patents on genetic resources, traditional knowledge from local and Afro-Colombian communities and genetic resources derived from traditional knowledge can also be protected as a Patent, subject to the fulfilment of certain requirements set by the Andean commu-nity legislation on access to genetic resources and benefit sharing (Decision 391 of 1996).

B. Patents and Utility Models

There are two kinds of protection for inventions: patents and utility models.

WHAT do you need to know?

Colombia provides for two main types of IPRs to protect technical solutions to problems (inventions).

• Patents, to protect products (including substances), processes or uses.(e.g. a new type of glue or an automated syringe).

• Utility models to protect minor inventions, such as a new im-provement of an already known invention that provides an ex-tra functionality.

In order to have access to patent protection, the new invention must fulfil the following requirements:

Novelty: An invention shall be considered new when it is not included in the state of the art. The state of the art compri-ses everything that has been made available to the public by written or oral description, by use or marketing or by any other mean prior to the filing date of the patent application or, whe-re appropriate, the recognized priority date (see Glossary) (as stated in article 16 of Decision 486).

Inventive step: An invention shall be regarded as involving an inventive step if, for a expert with average skills in the tech-nical field concerned, the said invention is neither obvious nor obviously derived from the state of the art (as stated in article 18 of Decision 486).

Industrial applicability: An invention shall be regarded as in-dustrially applicable when its subject matter may be produced or used in any type of industry. Here industry is understood as that involving any productive activity, including services (as stated in article 19 of Decision 486).

On the other hand, Utility Models protect any new shape, configu-ration, arrangement of components of any device, tool, mechanism, or any part thereof that leads to an improvement provides a new use or a new manufacturing process.

In order to obtain a utility model, the applicant should demonstrate that the invention has a new use, advantage or technical effect (no-velty). Hence, it is not necessary to demonstrate any inventiveness (inventive step).


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TIPS and WATCH-OUTS

Notwithstanding that appointing a legal representative is not mandatory in Colombia – unless you do not have a do-micile in Colombia – it is strongly suggested to hire an IP ex-pert during the IPR registration proceedings. It will not only help you to save money and time, but also prevent you from making important mistakes, such as missing a deadline.

You can contact directly a legal representative in Colombia – which is usually cheaper – or hire a firm in your country of origin to manage the registration in close contact with the firm´s representative in Colombia. This option – that tends to be more expensive – allows you to keep close control over the proceedings and may be advisable when you do not have a trusted representative in Colombia.

HOW do I register a patent or a utility model?

Applicants of a Patent or Utility Model should file before the SIC:

− Patent application form

− Proof of payment of the fee

− Power of Attorney, if necessary

− Technical information of the patent: title, an abstract, des-cription, a set of claims and drawings should be included:

+ The abstract consists of a summary of the technical so-lution to the problem. However, the abstract only serves as a source of technical information. + The description should disclose the invention in a suffi-ciently clear and complete way so that a person skilled in the art would be able to understand and carry it out. + The claims define the subject matter of protection in the patent. + Drawings, examples (together with their description)

− When the applicant is not the inventor, the contract proving the invention has been transferred to the applicant.

Those requirements comprise:

• prior informed consent from the State, or/and local and Afro-Colombian communities, if there is any kind of traditional knowledge involved

• agreement with the State or/and local communities• obligation of sharing the benefits with the State or/and local

communities


Patent protection lasts for 20 years, counted from the filing date of the application. It takes 2 to 3 years and half to get a patent gran-ted in Colombia (this may vary depending on the field).

Legal protection for Utility Model lasts 10 years from the filling date of the application and the granting process tends to be shorter than in case of Patents.

Who can register a patent or utility model?

The inventor or any person (natural or legal) to whom the right has been transferred is entitled to apply for Patents and Utility Models. It can be done directly or through a legal representative. The Power of Attorney does not require any formality and it can be done by means of a private document (usually a contract or authorization).

Applicants without domicile in Colombia must appoint a legal re-presentative who could be either a Colombian representative or a foreigner, as long as they are registered before the Consejo Superior de la Judicatura, the national register for attorneys.


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Applicants without a domicile in Colombia must appoint a legal re-presentative who could be either a Colombian representative or a foreigner, as long as they are registered before the Consejo Superior de la Judicatura, the national register for attorneys.

HOW MUCH does it cost?

Industrial design initial registration fees cost €165. There is a 25% fee discount for SMEs that are legally incorporated in Colombia.

HOW do I register a Design?

Applicants of a Design should file before the SIC:

− Design application form

− Proof of payment of the fee


− The Graphic Representation of the Design

− When the applicant is not the inventor, the contract that proves the invention was transferred to the applicant.

As it happens in Europe, the SIC does not perform a substantial examination of the Design; hence, the process of obtaining Design protection is relatively fast

TIPS and WATCH-OUTS

Attaching a sample of your 2D product is the best way of fulfilling the graphic representation requirement in Colom-bia, while 3D products should be represented by attaching different views of your design.

D. Trademarks

What does it protect?

Any sign capable of distinguishing goods or services on the market. The sign can consist in: words, images, figures, sounds, aromas, let-ter, numeral, a colour or colour combination (with certain limits), a tactile sign, the shape of goods or any combinations of the formers.


Andean legislation on Trademarks (Decision 486) requires that the sign is capable of being graphically represented. The law also

HOW much does it cost?

Initial fees for a Patent application in Colombia may vary depen-ding on the number of claims. The initial fee, that includes up to 10 claims and includes the patentability examination, amounts to €340. For more than 10 claims, the applicant has to pay €10 for each extra claim.

The initial fee for Utility Models is €200. For more than 10 claims, the applicant has to pay €5 for each extra claim.

TIPS and WATCH-OUTS

There is a 25% discount on fees for SMEs that are legally incorporated in Colombia.

C. Industrial Design (2D and 3D)

What does it PROTECT?

The particular appearance of a product can be protected as an Industrial Design, including lines, combinations of colours, two-di-mensional (2D) or three-dimensional (3D) external form, line, outli-ne, configuration, texture or material.

WHAT do you need to know?

In order to register a design as an “Industrial Design” in Colombia, it should be new before the filing date. In other words, the design should not have been made available to the public in any place by any means such as description, use or marketing.

TIPS and WATCH-OUTS

Prevent jeopardizing your own design’s novelty by registe-ring it before any type of disclosure.


Legal protection for industrial designs lasts 10 years from the filing date of the application.

WHO CAN register an industrial design?

The inventor can apply for, transfer or license Industrial Designs. It can be done directly or through a legal representative. The Power of Attorney does not require any formality and it can be done by means of a private document (usually a contract or authorization).


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Who can register a trademark?

The owner or any person with legitimate interest (e.g. business ma-nager, mark creator, etc.) could apply for a trademark in Colombia. It can be done directly or through a legal representative. The Power of Attorney does not require any formality and can be done by means of a private document (usually a contract or authorization).

Applicants without a domicile in Colombia must appoint a legal re-presentative who could be either a Colombian representative or a foreigner, as long as they are registered before the Consejo Superior de la Judicatura, the national register for attorneys.

HOW do I register a trademark?

Applicants of a trademark should file before the SIC:

− Trademark application form

− Proof of fee payment


− A reproduction, or graphic representation, of the trademark.

− When the applicant is not the inventor, the contract that proves the invention was transferred to the applicant.

HOW MUCH does it cost?

Multiple-class Trademark applications and registrations are accep-ted in Colombia. Hence, one Trademark application can protect as many goods and services’ classes as the applicant wants to protect.

The Nice Classification is a classification that divides the different goods and services into 45 categories or classes. It simplifies the granting proceedings and allows the comparing of different Trade-marks’ scope of protection.

Trademark registration initial fees may vary depending on the num-ber of classes. The applicant wishing to register a Trademark for one class has to pay €250. Each extra class amounts to €125. The-re is a 25% fee discount for SMEs that are legally incorporated in Colombia.

grants similar protection to slogans, as long as they are linked to a particular trademark.

The Andean legislation also establishes that Trademarks shall not protect signs that:

− “lack of distinctiveness” in relation to the protected service or product (e.g. “chocolate” for sweets). - consist in the usual shape of goods, - consist in general statements used in the course of trade (e.g. the best, the most valuable, etc.), - may cause confusion or deception to the public or the con-cerned business sector.

In addition, a Trademark cannot conflict with third parties’ rights such as prior Trademarks, Copyright or Industrial Design.

TIPS and WATCH-OUTS

Although the Andean Community does not provide for a unitary Community Trademark, as in the European Union, Trademark owners in at least one CAN´s Member State may benefit from the right to oppose (see glossary in the last page) the registration to any similar/identical Trademark application in any of the other Member States, subject to:

1) The proof that there is a legitimate interest in that country2) Apply for the prior trademark in the second Member State

It is strongly recommended to perform a prior search on SIC’s data-base in order to assess if there are trademarks that are similar to the sign that you want to register. A prior search is the cornerstone of a Trademark protection strategy and will prevent you from was-ting your resources and time. For more information concerning IP strategies please read our Factsheet on Identifying your IP assets.

The database is regularly updated and is easy to access through the SIC’s webpage. If you need help to conduct your search, please contact our Helpline.


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The protection is granted for as long as the information remains secret, but it does not protect the right holder either against the independent development of an identical technology or against re-verse engineering.

On the other hand, Undisclosed Information used to obtain a market authorisation in pharmaceuticals and agricultural chemicals enjoys a specific type of protection. The requirements are:

a) obtaining such information entailed a considerable effort

b) the information is related to new chemical compounds em-ployed in the production of pharmaceutical products or agri-cultural chemicals.

c) the information has been used to obtain market authorisation

The term of protection for Undisclosed Information is 10 years for agricultural chemicals and 5 years for pharmaceutical products.

II. Domain Names

Domain names (DN) are the human-friendly forms of Internet addresses commonly used to find websites that contain information on the goods and services of a company.

Colombia’s country code top-level domain (TLD) is “.co” which can be used on its own or in combination with other domains such as “.org” or “.com”. The organization in charge of the domain registra-tion in Colombia is Co Internet SAS (www.cointernet.com.co).

Who can register?

Anyone in the world can register a Domain Name with a TLD “.co” without any restriction.

However, applicants should take into account that a domain name might infringe a trademark owned by another person. In that case, the owner of the said trademark can take legal actions according to the Rules for Uniform Domain Name Dispute Resolution Policy of the Internet Corporation for Assigned Named and Number (ICANN).

E. Appellations of Origin and Geographical Indications

What is it? And what does it protect?

A Geographical Indication (GI) is a distinctive sign that consists in a geographic name used to identify the products coming from such origin, when its quality is somehow linked to that origin.

An Appellation of Origin (AO) is the name of a particular country, region or place or a name, which is used to identify a product origi-nating therein when its quality, reputation or other characteristics are exclusively or essentially due to the geographical environment in which it is produced, including both natural and human factors.

AO and GI should not be confused with an Indication of Source. The later protects a name, expression, image or sign that designates or evokes a particular country, region, locality or place. For instance, “Made in Colombia”.


The declaration of AO should be made ex officio or upon request of the parties. It can be requested either by a natural person or a legal entity such as an association of producers, States or Regions directly engaged with the extraction, production or processing of the product protected by the appellation of origin.

Such a declaration should be made before the SIC. Indications of Source does not require registration; however it should not be cons-trued in a way that may cause confusion to consumers or competi-tors regarding the origin of the product or process.

How much does it cost?

The fee to apply for Appellation of Origin protection in Colombia is €165.

F) Other IPRs

I. Trade Secrets and Undisclosed Information

In addition to registered – or unregistered – IPRs Colombia provides for the protection of other Intangible assets such as Trade Secrets or Undisclosed Information.

The legal requirements for Trade Secrets to be protected as such in Colombia are:

a) it should be secret, meaning the information is not generally known or readily accessible to people in the concerned field

b) it must have a commercial value due to its secrecy

c) the right holder should adopt reasonable measures to keep it secret such as signing confidential agreements with emplo-yers and providers


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5. ENFORCING YOUR IPRS

Protecting an IPR would make no sense if it could not be enforced in case of infringement. In Colombia, there are different mechanisms that allow right holders to defend their rights.

A. Civil actions and Injunctions:

The right holder of Patents, Utility Models, Designs, Trademarks, or Geographical Indications, is entitled to request cessation of the in-fringement and damages. These actions can be exercised before the Department of Jurisdictional Issues of the SIC (Delegatura para Asuntos Jurisdiccionales).

On the other side, DNDA is competent to handle Copyright and Re-lated Rights issues (including fixing the compensation). Authorities can grant relief injunctions until the infringement act has ceased.

B. Criminal Actions

In Colombia, IPRs infringers –and in particular Copyright infringers- could face up to 8 years of prison and fines up to €200,000. Crimi-nal actions can only be initiated before a criminal court

TIPS and WATCH-OUTS

In order to avoid infringing third parties’ Trademarks, we recommend you conduct a prior Trademark search before registering your Domain Name.

How much does it cost?

Registration of Domain Names can cost from €10 upwards, depen-ding on the number of years that the domain will last. DN can be renewed indefinitely.

4. USING CUSTOMS TO BLOCK COUNTERFEITS

Since Colombia is a member of the WTO and has signed FTAs with the EU and the US, it has implemented border measures through its national customs authority Dirección de Impuestos y Aduanas Na-cionales (DIAN) to block counterfeits of Copyright and Trademarks.

DIAN can suspend the clearance of goods that are about to be im-ported, exported or in transit to another country until a judge de-cides if there is an IPR infringement. The IPRs right holder should meet the following requirements:

a) Proof of ownership: usually by submitting a copy of the re-gistration certificate, the license or any other document that provides evidence that the applicant is the IPR owner or right holder.

b) Fulfil the application form: including a suspension request and facts that prove the alleged infringement, as well as any additional information to be taken into account (identification of the goods, place…)

The DIAN will decide on the suspension application within 3 days, including the seizure of the products. In this case, the right holder must deposit a bank guarantee and file a claim against the infringer


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7. GLOSSARY

Derivative works: derivative works are works that modify prior co-pyrighted works and require the consent of the owner of the original work: a translation, the adaptation of a novel or a version of a song are some of the most common examples of derivative works.

Opposition: An action that a third party brings before a National Office in order to request the refusal of a certain Intellectual Pro-perty application.

Right of priority: Whenever a person from any signatory country of Paris Convention files a national application for a patent or in-dustrial design in any of the 176 members, the date on which the first application was filed is established as the date of priority for any future application in any of the members, provided that subse-quent applications are applied for within twelve months of the first application.

Second use: Refers to the possibility of patenting a different use of an already known object/product (e.g. Use of a chemical composi-tion as a medicine to treat heart diseases when the original patent claims its use as antibiotic). In general, in Europe it is possible to patent such second use subject to the fulfilment of the novelty and Inventive step requirements.

Picture attribution (in order of appearance):Page 1: Diego F. Garcia P. (CC BY 2.0). Page2: Latin America IPR SME Helpdesk; dvineel (CC BY 2.0). Page 3: Miniqueaustralia (CC0 Public Domain). Page 4: Geralt (CC0 Public Domain); OpenIcons (CC0 Pu-blic Domain). Page 5: Latin America IPR SME Helpdesk; KAM works-hops (CC BY-SA 2.0). Page 6: ArtsyBe (CC0 Public Domain). Page 7: Patrick Murphy (CC BY 2.0). Page 8: NY Photographic (CC BY-SA 3.0). Page 9: bastiaan (CC0 Public Domain); geralt (CC0 Public Domain). Page 10: retzer_c (CC0 Public Domain); AIGA (Public Domain). Page 11: Pedro Szekely (CC BY-NC-SA 2.0).

6. RELATED LINKS AND ADDITIONAL INFORMATION

Find out more about Intellectual Property Rights in Latin America, visit the Latin America IPR SME Helpdesk website: www.latinamerica-ipr-helpdesk.eu

DG Trade Reported Barriers in Colombiahttp://madb.europa.eu/madb/barriers_result.htm?sectors=none&countries=CO&measures=none

EU Delegation in Colombiahttp://www.eeas.europa.eu/delegations/colombia/index_es.htm

For further information on Colombia’s IPRs legislation see: http://www.wipo.int/wipolex/en/profile.jsp?code=co National Patent, Model Utility, Industrial Design, Layout-Design and Mark Authority’s web domain: www.sic.gov.co

National Copyright Authority: www.derechodeautor.gov.co National Plant Variety Authority: www.ica.gov.co

National Customs Authority: www.dian.gov.co


SPAINADDRESS:University of Alicante, Campus San Vicente del Raspeig, Edificio Torre de Control, 03690 Alicante, Spain TEL: +34 96 590 9684 E-MAIL: [email protected] WORKING HOUR: Monday - Friday 9:00 -16:30 (CEST) BRAZIL ADDRESS: Rua Marquês de Olinda, 70 – Botafogo. Rio de Janeiro-RJ, CEP 22251-040 TEL: +55 21 2237-8728 E-MAIL: [email protected] WORKING HOUR: 9h00 - 18h00 (GMT-3)

MEXICO ADDRESS (1): c/del Puente 222 Ejidos de Huipulco, Tlalpan 14380, Ciudad de México, Distrito Federal TEL: +52 (55) 5483-2252 E-MAIL: [email protected] WORKING HOUR: 9h30-18h30 (GMT-5)

ADDRESS (2): Avenida Eugenio Garza Lagüera & Rufino Tamayo, Valle Oriente, San Pedro Garza García, 66269, Nuevo León, México TEL: +52 (81) 86256000 E-MAIL: [email protected] WORKING HOUR: 9h00-17h30 (GMT-5) CHILE ADDRESS: Galvarino Gallardo 1690, Providencia, Santiago TEL: (56-2) 2 787 8422 – 2 787 8400 E-MAIL: [email protected] WORKING HOUR: 9h30-18h30 (GMT-3)

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Guide Last Updated 2015

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Disclaimer:The Latin America IPR SME Helpdesk is a free service which provides practical, objective and factual information aimed to help European SMEs understand business tools for developing IPR value and managing risk. The services are not of a legal or advisory nature and no responsibility is accepted for the results of any actions made on the basis of its services. The content and opinions expressed are those of the authors and do not necessarily represent the views of the European Commission and/or the Executive Agency for Small and Medium-sized Enterprises or any other body of the European Union. Before taking specific actions in relation to IPR protection or enforcement all customers are advised to seek independent advice. Neither the European Commission nor the Agency may be held responsible for the use which may be made of the information contained therein.

© 2015 – Latin America IPR SME Helpdesk - A project funded by the European Union’s COSME Programme (2014-2020).

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ABOUT LATIN AMERICA IPR SME HELPDESK:The Latin America IPR SME Helpdesk offers free of charge, first-line support on IP and IP rights matters to facilitate the expansion of European SMEs (EU SMEs and SMEs from the Associated countries) already established at, or working with entities in Latin America as well as those potentially interested in establishing commercial and R&D activities and ventures in these countries.

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© 2016 - Latin America IPR SME Helpdesk - A project funded by the European Union´s COSME Programme (2014-2020). Guide Last Update 2016

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Latin America IPR SME Helpdesk IP Factsheet: Colombia · • May help to differentiate from competitors ... LATIN AMERICA IPR SME HELPDESK - IP FACTSHEET: COLOMBIA. 3 ... LATIN AMERICA