Colombian law provides the same protections for U.S. companies as for Colombian companies in all IPR categories under the U.S.-Colombian Trade Promotion Agreement (CTPA) and other international commitments, such as the World Intellectual Property Organization (WIPO) and the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). In July 2018, Colombia enacted copyright law amendments to extend the term of copyright protection, impose civil liability for circumvention of technological protection measures, and strengthen enforcement of copyright and related rights. This resulted in Colombia moving from the United States Trade Representative (USTR) Special 301 Priority Watch List to the Watch List. Colombia still needs to make additional progress on remaining intellectual property-related commitments under the CTPA, particularly provisions regarding copyright liability for ISPs and accession to the 1991 Act of the International Union for the Protection of New Varieties of Plants (UPOV 91).
Colombia has an efficient patent and trademark office at SIC. Colombia is signatory to the Paris Convention on Industrial Property, the Geneva Convention for the Protection of Sound Recordings, Berne Convention for the Protection of Literary and Artistic Works, the Brussels Convention on the Distribution of Satellite Signals, Universal Copyright Convention, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, the Patent Cooperation Treaty, the Trademark Law Treaty and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol). Like the U.S., Colombia participates in the Global Patent Prosecution Highway (GPPH), permitting accelerated processing where there is a positive U.S. examination. Membership in the Madrid Protocol enables U.S. trademark registration owners as well as applicants for U.S. registration to seek protection in Colombia by filing through the United States Patent and Trademark Office (USPTO). See the Madrid Protocol for international trademark registration for more details.
Colombia’s success combatting counterfeiting and IPR violations remains limited. While there have been some positive developments, a large amount of digital piracy and abundant supplies of counterfeit goods remain. While Colombian authorities cooperate with the United States on investigations, brand owners assume most of the burden for controlling the entry of counterfeit products by flagging shipments for the National Directorate of Taxes and Customs of Colombia (DIAN). Counterfeit goods are concentrated in the cities of Bogota, Cali, Medellin, Cartagena, and Buenaventura with the most affected sectors including textiles and clothing, medicines, perishables, auto parts, tobacco, and footwear.
Visit STOPfakes.gov for background information, country snapshots and toolkits for U.S. companies in specific international markets.
In any foreign market, U.S. companies should consider several general principles for effective management of their intellectual property. For background on these principles please link to the following article on Protecting Intellectual Property and STOPfakes.gov, or contact ITA’s Office of Intellectual Property Rights Director, Stevan Mitchell at Stevan.Mitchell@trade.gov.
For more information on Intellectual Property in Colombia, contact:
E-mail: USPTOAndeanRegion@trade.gov
U.S. Government personnel:
Jennifer Chicoski, Intellectual Property Attaché for Andean Community and Chile
Jennifer.Chicoski@trade.gov
U.S. Department of Commerce (Washington, D.C.)
14th & Constitution Avenue, N.W. Room C-300
Washington, D.C. 20230
Tel.: +51 1 618 2173
Michael Godley, Colombia Desk Officer
Email: michael.godley@trade.gov
Tel.: (202) 748-6383
To access Colombia’s ICS, which includes information on the protection and enforcement of intellectual property rights, visit the U.S. Department of State Investment Climate Statement website.