IP in Colombia
Information to help you protect, manage and enforce your intellectual property (IP) rights in Colombia.
This page provides practical information to help you make the most of your IP when doing Business in Colombia.
If you plan to do business in Colombia, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
British Businesses looking for intellectual property advice and support should contact our Brazil based IP Attaché for Latin America and the Caribbean, based in the Consulate General, Sao Paulo.
The Superintendence of Industry and Commerce (SIC) in the Ministry of Industry, Commerce and Tourism is the body responsible for operating the Industrial Property system in Colombia.
The National Directorate of Copyright (DNDA) is responsible for the Copyright system.
Trade marks
In Colombia a trade mark must be acquired through registration. This is valid for 10 years and can be renewed indefinitely every subsequent 10 years.
To protect a trade mark in Colombia you have two main options:
- you can register online or directly with the Superintendence of Industry and Commerce (SIC);
- you can make an international trade mark application and select Colombia as a designated country. This is facilitated through the Madrid System
Patents
Patent protection in Colombia lasts for 20 years, like in the UK. To apply for a patent you have two main options:
- You can apply online or directly with SIC.
- You can file an international patent application as Colombia is a signatory of the Patent Cooperation Treaty (PCT), which allows for the filing of international patent applications.
Good to know:
SIC’s decision to grant or deny a patent can be appealed.
Colombia is a member of the Patent Prosecution Highway (PPH) which can accelerate a patent application.
Designs
Protection lasts 10 years from filing. SIC does not perform a substantial examination of the design so obtaining protection is relatively fast.
To register a design as an “Industrial Design” in Colombia, it should be new before the filing date. The design should not have been made available to the public in any place by any means such as description, use, or marketing.
Good to know
In Colombia a Design must be registered to be protected.
Copyright
Colombia is a signatory to the Berne Convention and therefore does not require any formal registration to protect copyright works. The work will be automatically protected from the moment of its creation.
However, you can register your work with the National Copyright Directorate (DNDA) (for no fee) which could be used to help demonstrate proof of ownership. This may be useful for licensing and enforcement action.
Good to know:
As a general rule in Colombia individuals work can be protected under copyright for the creators lifetime and then 80 years after that.
Enforcing your rights
If you believe that someone is using or benefitting from your IP rights without your consent, it is advisable to seek legal advice at an early stage.
You may wish to look into the following options if you are concerned about your IP rights, please note that this list is not exhaustive and other avenues may be available:
- you could file a criminal complaint about IP infringement before the Office of the Attorney General,
- the National Unit Specialised in Crimes against Intellectual Property and Telecommunications may also be able to provide more information,
- civil action: You could file a civil action for trade mark or patent infringement. Note that legal representation is required
- for copyright issues you could file a civil action for copyright infringements before the National Directorate of Copyright (DNDA)
More information
Visit the Department for Business and Trade pages for more information about doing business in Colombia.