Global Intellectual Property Center

Colombia

Colombia

Primary Sources

  • Administrative Procedure Code (approved by Law No. 1437 of January 18, 2011) (2011)
  • Civil Code (as amended up to Law No. 1453 of 2011) (2011)
  • Consumer Protection Statute (Law No. 1480 of October 12, 2011) (2011)
  • Decision No.345 Establishing the Common Regime on the Protection of the Rights of Breeders of New Plant Varieties (1993)
  • Decree Nº 01 of 1984 (January 2) – By which the Administrative Litigation Code is amended (2006)
  • Decree No. 0162 of 1996 (January 22) – By which the Andean Decision No. 351 of 1993 and Law No. 44 of 1993, in connection with the Collecting Societies Management of Copyright and Related Rights is regulated (1996)
  • Decree No. 03523 of 2009 (September 15) – By which is modified the structure of the Superintendency of Industry and Commerce and the functions of its dependences are established (2009)
  • Decree No. 0704 of April 10, 2012, partially implementing Article 61 of Law No. 1480 of 2011 (2012)
  • Decree No. 0727 of 2012 amending Article 5 of Decree No. 502 of 2003 (2012)
  • Decree No. 0729 of 2012 partially regulating Decisions 486 and 689 of the Commission of the Andean Community (2012)
  • Decree No. 0733 of April 13, 2012, establishing the Publication of Applications of General Interest and Pharmacological Evaluation of Veterinary Drugs submitted to the National Institute for Food and Drug Control INVIMA (2012)
  • Decree No. 1070 of 2008 (April 7) – By which Article 26 of Law No 98 of 1993 is regulated (2008)
  • Decree No. 1162 of 2010 (April 13) – By which the National Administrative System for Intellectual Property is organized (2010)
  • Decree No. 1258 of June 14, 2012, regulating Law 1493 of December 26, 2011 (2012)
  • Decree No. 1360 of 1989 (June 23) – Regulating the Entry of Software in the National Copyright Register (1989)
  • Decree No. 1687 of 2010 (May 14) By which it modifies Decree 3523 of 2009 (2014)
  • Decree No. 1721 of 2002 (August 6) – Regulating Law No. 719 of 2001, which amended Laws Nos. 23 of 1982 and 44 of 1993 (2002)
  • Decree No. 1766 of 1983 (June 23) – By which the National Award to the Colombian Inventor is created (1983)
  • Decree No. 1873 of September 29, 2014, providing for Compensation by Restoring the Patent Term (2014)
  • Decree No. 1879 of 2008 (May 29) – For which are regulated Law 232 of 1995, Article 27 of Law 962 of 2005, Articles 46, 47 and 48 of Law-Decree 2150 of 1995 and other provisions are established (2008)
  • Decree No. 2041 of 1991 (August 29) – By which the National Directorate of Copyright is created as an administrative special unit, its organic structure is established and its functions are defined (1991)
  • Decree No. 2150 of 1995 (December 5) – By which regulations, procedures or unnecessary existing steps in the Public Administration are suppressed and reformed (1995)
  • Decree No. 2153 of 1992 (December 30) – By which the Superintendence of Industry and Commerce is restructured, and other provisions are dictated (2009)
  • Decree No. 2264 of November 11, 2014, regulating the Compensation Prescribed for Infringement of Trademark Rights (2014)
  • Decree No. 2468 of November 4, 1994, partially Amending Artilce 13 of Decree No. 533 of March 8, 1994, on the Common Regime for the Protection of Plant Breeders’ Rights (1994)
  • Decree No. 2591 of 2000 (December 13) – By which is partially regulated Decision 486 of the Andean Community Commission (2000)
  • Decree No. 2687 of November 19, 2002, on the Amendments to Article 7 of Decree No. 533 of March 8, 1994 (2002)
  • Decree No. 309 of 2000 (February 25) – By which the Scientific Research on Biological Diversity is regulated (2000)
  • Decree No. 3942 of 2010. By which regulates Law 23 of 1982, 44 of 1993 and Article 2 c of the Law 232 of 1995, relating to copyright or related rights collecting management organization, the collecting entity and other provisions. (2010)
  • Decree No. 410 of 1971 (March 27) – By which the Commercial Code is enacted (1999)
  • Decree No. 4302 of 2008 (November 13) – For which is fixed the procedure for declaring the existence of public interest in accordance with Article 65 of Decision 486 of the Andean Community Commission (2008)
  • Decree No. 4540 of 2006 (December 22) – Adopting Customs Controls to protect Intellectual Property (2006)
  • Decree No. 460 of 1995 (March 16) – Governing the National Copyright Registry and Regulating Statutory Deposit (1995)
  • Decree No. 4834 of 2008 (December 24) – By which is modified the Staff of the National Copyright Directorate (2008)
  • Decree No. 4835 of 2008 (December 24) – By which the structure of the National Directorate of Copyright is modified and other provisions are issued (2008)
  • Decree No. 4966 of 2009 (December 23) – By which Decree N° 4302 of 2008 is partially amended (2009)
  • Decree No. 533 of March 8, 1994, regulating the Common Provisions on the Protection of the Rights of Breeders of New Plant Varieties (as amended by Decree No. 2468 of November 4, 1994) (1994)
  • Decree No. 730 of 1997 (March 14) – By means of which it is established the National Competent Authority concerning the access to genetic resources (1997)
  • IP Laws: issued by the Executive
  • Law Nº 58 of 1982 (December 14) – By means of which extraordinary powers are granted to the President of the Republic to reform the Administrative Litigation Code (1982)
  • Law No. 1032 of 2006 (June 22) – By which Articles 257, 271, 272 and 306 of the Criminal Code are amended (2006)
  • Law No. 1341 of 2009 Establishing the Principles and Concepts of the Information Society and the Structure of the Information Technologies and Communication (ITC), the National Spectrum Agency, and other provisions (2009)
  • Law No. 1403 of 2010 (July 19) – By which Law No. 23 of 1982 on Copyright is added, a remuneration for the public communication of works and audiovisual recordings is established for artists and performers, or “Fanny Mickey Law” (2010)
  • Law No. 1450 of 2011 (June 16) – By which the National Development Plan is issued, 2010-2014 (2011)
  • Law No. 1493 By which measures are taken to formalize the sector of the public spectacle of the performing arts, contests inspection, supervision and control over collecting societies are granted and other provisions. (2011)
  • Law No. 1563 of 2012 By which the Statute of National and International Arbitration and other provisions are issued (2012)
  • Law No. 1564 of 2012 by which the General Procedure Code is issued and dictates other provisions (2012)
  • Law No. 1648 of July 12, 2013, on Enforcement Measures of Industrial Property Rights (2013)
  • Law No. 1676 of August 20, 2013, on the Promotion of Access to Credit and Security Interest over Movable Assets (2013)
  • Law No. 1712 by which the Law on Transparency and the Right to Access to the Public National Information is created and other provisions (2014)
  • Law No. 23 of 1982 (January 28) – On Copyright (1982)
  • Law No. 256 of 1996 (January 15) – By which the unfair competition rules are established (1996)
  • Law No. 270 of 1996 (March 7) – Statutory of the Administration of Justice (2004)
  • Law No. 44 of 1993 (February 5) – Amending and supplementing Law No. 23 of 1982 (and amending Law No. 29 of 1944) (1993)
  • Law No. 446 of July 7, 1998, approving Certain Provisions of Decree No. 2651 of November 25, 1991, amending Certain Provisions of Civil Procedure Code, Law No. 23 of March 21, 1991, and Decree No. 2279 of October 7, 1989, amending and issuing Provisions and Rules of the Administrative Code, on Court De-congestion, Efficiency and Access to the Administration of Justice (1998)
  • Law No. 599 of 2000 (July 24) – By which the Criminal Code is enacted (2000)
  • Law No. 603 of 2000 (July 27) – For which article 47 of Law No. 222 of 1995 is amended (2000)
  • Law No. 719 of 2001 (December 24) – Amending Laws No. 23 of 1982 and No. 44 of 1993, and pronouncing other Orders (2001)
  • Law No. 813 of 2003 (July 2) – By which some articles of Law No. 599 of 2000 are abrogated, supplemented and amended (2003)
  • Ministry of Health (2016), “Resolution 2475”, 6/14/2016
  • Ministry of Health (2016),”Resolution 4148″, 9/9/2016
  • Ministry of Trade (2016), “Copyright Draft bill – Ley Lleras”
  • Presidential Directive 01 on the respect to the Copyright and Related Rights (1999)
  • Presidential Directive 02 on the respect to the Copyright and Related Rights referred to the use of software (2002)
  • Resolution No. 086 of March 15, 2013 by which the legal terms are suspended in the administrative and judicial actions pending on the Administrative Special Unit of the National Copyright Directorate on March 26 and 27, 2013 (2013)
  • Resolution No. 152 of May 22, 2009 – By which is issued the Manual of Good Accounting Practices for the Collecting Societies of Copyright and Neighboring Rights (2009)
  • Resolution No. 210 of 2001 (January 15) – By which Decision 486 of the Commission of the Andean Community is partially regulated (2001)
  • Resolution No. 303 of November 5, 2010 – By which are established the guidelines for registering works, services, contracts and other acts at the Copyright National Registry (2010)
  • Resolution No. 366 of November 28, 2012. By which the Administrative Special Unit of the National Copyright Directorate assume judicial functions in accordance with article 24 of the Law 1564 of 2012 (2012)
  • Resolution No. 69699 of December 30, 2009 – By which the Official Taxes for Industrial Property are established and the Unique Circular letter of July 19, 2001 is modified (2009)
  • Unique Circular Letter – Superintendence of Industry and Trade (2001)

Secondary Sources

  • Acorn Ideas (2015), “Local Hiring Requirement for O&G Industry”, Issue N. 34, March 2015
  • AIPPI (2008), “The impact of public health issues on exclusive patent rights: Q202: Colombia”
  • Alexander Ehlers/Getting the Deal Trhough (2016), “Life Sciences 2016”, p.17.
  • Ambito Juridico (2015), “What Happens with Computer Implemented Inventions?”, 7/24/2015
  • Anti Fraude (2016), “Software Protection – Copyright or Patent?”, 8/23/2016
  • Assocition of Corporate Counsel (2016), “Development of Franchise Agreements in Colombia from a Legal Perspective”
  • CCTV America (2015), “Counterfeit trade in Colombia nets big bucks”, 6/18/2015
  • Clarke Modet & Co (2015), “Patent restoration in Colombia”, 9/22/2015
  • Colombian Association of IP, “Plain Packaging Questionnaire”, AIPPI, 2015
  • David Switzer Danny G. Pérez y Soto/B&R Latin America IP(2012),”The State of IP in Latin America”
  • El Espectador (2015), “Police Confiscates about 10000 items of fake sport clothing”, 3/5/2015
  • El Espectador (2016), “Could One Speak About Fair Uses for Copyright in Colombia? (translated), 8/23/2016
  • El Tiempo (2015), “Colombia LoosesUSD100 million per year for pirate TV”, 6/4/2015
  • EPO (2016), “Patent Prosecution Highway pilot programme between the European Patent Office and the Superintendence of Industry and Commerce of Colombia based on PCT and national work products”, 9/30/2016
  • Expert.gov website, “Investment Climate in Colombia”
  • EY (2014), “Colombia issues new procedure for registering technology import contracts with the DIAN”,3/10/2014
  • Getting the Deal Through (2015), “Patents in 45 Jurisdictions”, p.9
  • Industry and Trade Superintendency (SIC) (2015), “Superintendecy Protects Notoriety of SERVIENTREGA brand and denies registration to SERVIFACIL” (translated), 9/1/2015
  • Industry and Trade Superintendency (SIC) (2016), “Superintendecy Protects Computer Implemented Inventions” (translated), 7/5/2016
  • IP Watch (2015), “NGOs Call Out Switzerland For Pressuring Colombia On Compulsory Licences; Switzerland Replies”, 8/24/2015
  • José Roberto Herrera, Herrera Díaz Abogados (2016), “Good News for Tactile Trademarks: The “Old Parr” Bottle Case”, INTA Bulletin, 9/1/2016
  • Julia Moncaleano/Clarke, Modet &Co (2016), “Latest Developments In Patent Issues In Colombia – 2016”, 5/11/2016
  • La Republica (2015), “How to Protect Mobile Applications or Software in Colombia”, 1/28/2015
  • La Republica (2015), “Preset compensation for brands in practice”, 6/5/2015
  • La Republica (2015), “SIC grants biopharma companies 8 patents to fights Hepatitis C” (translated), 8/25/2015
  • Latin Lawyer, “Colombia cracks down on anticompetitive trademark use”, 8/26/2015
  • Manuel Guerrero GaitánUniversidad Externado de Colombia (2014), “First Patent Troll Ruling in Colombia”,2/4/2014
  • Ministry of Health (2016), “Resolution 2475”, 6/14/2016
  • National TV Authority (ANTV) (2014), “The Fight against Piracy Continues” (translated)
  • OECD (2014), “National IP Systems, Innovation and Economic Development – with Perspectives on Indonesia and Colombia”, 1/10/2014
  • OECD (2015), “Colombia: Policy Priorities for Inclusive Development”, January 2015
  • Olarte Moure (2016), “Patent Opposition Practice”, 5/22/2016
  • PAHO (2015), “Countries of the Americas explore mechanisms to improve access to strategic and high-cost medicines”, 9/1/2015
  • Palacio, C. & Contreras, J. (2015), “Limitations of the Trademark Protection: Q195: Colombia”, AIPPI
  • PhRMA (2014), “Colombia’s Fifth Draft Decree on the Registration Process for Biological Medications— PhRMA Comments”,7/25/2014
  • PONS IP (2016), “Patent Requests Increase in Colombia”, (translated)
  • Posse Herrera Ruiz/PHR Legal, “IP Bulletin – COMPUTER IMPLEMENTED INVENTIONS AND THE COLOMBIAN PATENT OFFICE”
  • Reuters (2016), “Colombia to set new price for Novartis cancer drug: minister”, 6/9/2016
  • Rua Gomez/Clarke Monet &Co (2015),”Process of Patentability of Inventions in Colombia: Tendencies”, 1/27/2015
  • Santiago La Rotta (2016), “The Law Lleras Comes Back” (translated), 8/10/2016
  • Swiss IP Office, “Colombian-Swiss Intellectual Property (COLIPRI) Project”
  • Tom Webb/Latin lawyer (2015), “Colombia cracks down on anticompetitive trademark use”, 8/26/2015
  • Universidad National de Colombia (2015), “Colombia: too Flexible on Invention Patents?”, 8/8/2015
  • WSJ (2016), “Colombia threatens to override Novartis’s patent on Gleevec”, 5/20/2016