How to Protect Intellectual Property in Colombia?

April 08, 2023

In Colombia, Intellectual Property Law, from now on IPL, is related to all those inventions created from the intellectual abilities of a person or company. These inventions can be literary and artistic works used in commerce.

They could be classified into three (3) main categories. These are:

Industrial property.

Copyrights.

Plant varieties.

For people or enterprises that are owners of IP, it is important to be aware of the difference between these categories, since every type of intellectual property protection has it owns legal procedure.

Here at AGT Attorneys, we have an experienced team of lawyers with substantial experience in the registration processes to protect Intellectual Property in Colombia. Our legal services provide our clients with legal safety advice regarding their IP rights in order to prevent others from using without their permission their creations of the mind.

Do not hesitate to contact us, to book a legal counsel session with one of our specialized lawyers, by completing this Contact Form or calling to our WhatsApp number +57 310 5706331.

Which are the International Agreements of Intellectual Property in Colombia?

• Paris Convention on Industrial Property
• Trade-Related Aspects of Intellectual Property (TRIPs) Agreement of 1995
• Andean Community Decision 486 of 2000 (CAN in Spanish)
• Madrid Agreement and the Madrid Protocol
• Geneva Convention for the Protection of Sound Recordings
• Berne Convention for the Protection of Literary and Artistic Works
• Brussels Convention on the Distribution of Satellite Signals
• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
• WIPO Copyright Treaty
• WIPO Performances and Phonograms Treaty
• Patent Cooperation Treaty
  
• Trademark Law Treaty

Furthermore, in efforts to provide effective protection and enforcement of IP laws in Colombia, the country became a part of the World Trade Organization (WTO) and the World Intellectual Property Organization (WIPO).

What is Intellectual Property in Colombia?

As established by the World Intellectual Property Organization (WIPO):

"Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce."

Hence, IP law is in charge of protecting patents, copyrights, and trademarks to mention a few. The purpose of IP Law is to allow people to obtain recognition from what they invent and gain financial benefits from their creations.

It seeks to legally guarantee the creator's interests by offering them exclusive privileges like exclusionary use before third parties.

Industrial Property is divided into:

• Distinctive Signs
• Collective Trademark
• Certification Trademark
• Trademark Names
• Trademark Emblems
• Slogans
• Geographical Indications
• New Creations
• Patents on Invention
• Patents on Utility Models
• Industrial Design
• Layout Design of Integrated Circuits

Copyrights and Related Rights are divided into:

• Literary and Artistic Works
• Economic Rights
• Moral Rights
• Public Performing Right
• Public Performance License
• Reproduction Right
• Digital Performance Right in Sound Recordings
• Dramatic Works
• Reproduction Right
• Mechanical License
• Rights regarding Cinematography Films

Plant varieties and other categories:

Also known as plant breeder's rights, allows its owners:

• The production or reproduction of variety plants.
• Exporting.
• Offering for sales.
• Importing and stocking for any of these purposes.

As mentioned before, the three (3) main categories of Intellectual Property protect different types of creations of the mind, that is why the registrations and licenses surrounding their legal protection vary in each case.

If you are searching for legal counsel regarding Intellectual Property Law in Colombia, do not hesitate to contact us via WhatsApp at +57 310 5706331, or fill out the next Contact Form to book a legal consultation with one of our specialized lawyers.

What is a Trademark in Colombia?

A Trademark is a group of distinctive signs that identify and distinguish certain products or services on the market, such as name, phrases, symbols, colors, sounds, slogans and logo, even the shape of the package, bottle, etc.

Initially, a trademark registration will grant its owner an exclusive right to the use of the registered trademark. In these sense, the main owner can use in an exclusionary matter such trademark and license its use to others, asking for a payment in exchange.

What is a Patent Registration in Colombia?

The Patent registration is a property right granted by the Colombian State as a property title of new creations and procedures, which allows the generation of profits around that invention for 20 years in Colombia when you acquire this document. To get a patent, you need to file a patent application and provide technical information about the invention.

What is Copyright in Colombia?

In IP Law, copyright is a group of legal standard and principles that protect the creations of literary and artistic works, granting moral and patrimonial rights to their authors.

It includes, literary creations, artistic, musical, scientific, or didactic work, published or unpublished. Additionally, is one of the fundamental human rights included in the Universal Declaration of Human Rights.

Do you Need Intellectual Property Lawyers in Colombia?

If you are an author who is seeking to protect its creations through Intellectual Property, the legal advice from an experienced attorney on IP law will be essential in all the registration and protection processes.

At AGT Attorneys, we have a qualified legal team specialized on Intellectual Property Law that will advise you or your company in all the registration processes before the Colombian government, so your creations can have national and international protection.

Write to us on our Contact Form, schedule your legal appointment with our lawyers through the following link or contact us at +57 310 5706331. We will be happy to assist you!

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