How intellectual property is protected
In Colombia, the intellectual property regime is divided into two categories:
- Industrial property.
The following are some of the key points of the intellectual property regime in Colombia:
- Colombian legislation provides the assignment of author’s economic rights and industrial property rights. There is a legal assumption according to which, unless indicated otherwise, said rights are assigned to the employer or commissioner when they have been created by virtue of a work for hire contract;
- In research and development activities for science, technology, innovation and ICTs executed among private entities with public financing, the State may assign, at no charge, the relevant intellectual property rights and may authorize their transfer, marketing and exploitation. In return, the State reserves the right to obtain a non-exclusive license over these intellectual property rights free of charge;
- Copyright contracts such as assignments and exclusive licenses, as well as contracts which provide the disposal of any patent right must be registered before the competent national authority in order for its provisions to be enforceable against third parties. A trademark license does not need to be registered to be enforceable against third parties.
Even though regulations applicable to intellectual property are based on decisions of the Andean Community of Nations (CAN), Colombia has a local authority and an independent registration procedure.
This chapter also includes information about distinctive signs and new creations, as well as copyright regulations in the country.