Capitulo 9 legal_guide_compressed

T O D O
B U S I N E S S I N
C O L O M B I A
LEGAL
GUIDE
2019

3
CONTENT
Introduction
Chapter No. 1
Chapter No. 2
Chapter No. 3
Chapter No. 4
Chapter No. 5
Chapter No. 6
Chapter No. 7
Chapter No. 8
Chapter No. 9
Chapter No. 10
Chapter No. 11
Chapter No. 12
Protection to foreign investment
Foreign Exchange Regime
Corporate Regulations
Foreign Trade And Customs
Labor Regime
Immigration Regime
Colombian Tax Regime
Colombian Environmental Regime
Intellectual Property
Real Estate
Government Procurement
Accounting Regulations For Companies

4 5
L E G A L G U I D E T O D O B U S I N E S S I N C O L O M B I A L E G A L G U I D E T O D O B U S I N E S S I N C O L O M B I A
INTRODUCTION
Colombia is a democratic country, with
a privileged and strategic location in La-
tin America. It is rich in natural resources
and is at present time one of the main in-
vestment destinations in the region mainly
because of its commercial opportunities
and its legal stability. All of this has con-
tributed to Colombia having one of the
top progress, not only economic but also
cultural, in investment and development,
compared to the rest of the region.
In the last decade, Colombia’s GDP grow-
th rate has exceeded the world average,
and in recent years the country has shown
great economic stability, mainly by the
use of sensible economic policies in con-
nection with challenging situations, which
have managed to maintain low inflation
levels. Even, the principal risk rating
agencies have maintained Colombia in
stable confidence indices.
Procolombia in association with Baker &
Mckenzie have prepared this Legal Guide
to do Business in Colombia (the “Guide”)
to provide foreign investors guidelines on
the main legal aspects. The content of this
document was prepared and updated in
March 2019, based entirely on the cu-
rrent information and legislation.
Warning
The purpose of this document is purely
informative. The Guide is not intended
to provide legal advice. Therefore, those
using this Guide shall not be entitled to
bring any claim or action against Baker
McKenzie or ProColombia, their respecti-
ve directors, officers, employees, agents,
advisors or consultants arising from any
expense or cost incurred into or for any
commitment or promise made based on
the information contained in this Guide.
Neither shall they be entitled to indemnifi-
cations from Baker McKenzie nor ProCo-
lombia, for decisions made based on the
contents or the information provided in
this Guide.
We strongly advise that investors and in
general readers who make use of the Gui-
de, consult their own legal advisors and
professional consultants regarding invest-
ment in Colombia.
On the figures on this Guide
The figures used on this Guide have been
determined as follows: (i) the figures ex-
pressed in US dollars have been calcula-
ted using an exchange rate of COP 3000
= USD 1; and (ii) for those based on the
current minimum legal monthly wage
(MLMW) in Colombia, the MLMW for the
year 2019 is COP $828,116 (approx.
USD 276).
The foreign exchange rate changes daily
with the supply and demand for currency
and the MLMW is adjusted at the end of
every calendar year (December) for the
following year.
We hope that this Guide will be of great
use for your investment in Colombia.

6 7
P e ñ ó n o f G u a t a p é , A n t i o q u i a
I N T E L L E C T U A L
P R O P E R T Y
CHAPTER

8 9
INTELLECTUAL
PROPERTY
Five things an investor should know about
intellectual property:
1. The mere use of a trademark does
not confer exclusive rights over it. To
acquire exclusive rights it is necessary
to register it before the national com-
petent authority that for this case is the
Superintendence of industry and com-
merce, (SIC).
2. All inventions of both product and
procedure in all fields of technology
are patentable, provided they are no-
vel, have an inventive level and are
suitable for industrial application.
3. Colombia protects all literary,
scientific and artistic works through
copyright. The right over these works
is born with the simple materialization
of intellectual creation. The registration
with the Dirección Nacional de Dere-
chos de Autor proofs date of creation
of the work and grants the right to pu-
blicity against third parties
4. The rights on intangible assets
(trademark registration, patent of in-
vention, property rights on works of
copyright) can be the subject of com-
mercial transactions through different
contracts (license, assignment, usu-
fruct, security interest, etc.)
5. Colombia is a member country
of the Madrid Protocol, which allows
protecting a trademark in more than
100 countries by obtaining an inter-
national registration that takes effect in
each of the country members designa-
ted. Additionally, Colombia is a mem-
ber country of the PCT Treaty, which
created a unique patent application
procedure to protect inventions in all
member countries (to date, 152).
9.1. Industrial Property
9.1.1. Generals Aspects
Industrial Property in Colombia includes
distinctive signs ( trademarks, slogans,
trade names, trade emblems and geogra-
phical indications) and new creations (
patents, industrial designs and layout de-
signs of integrated circuits). In Colombia,
the applicable regulation in the matter of
industrial property is Andean Community
Decision 486 of 2000 and other national
regulations that complement and regu-
late it. Although there is a single indus-
trial property regime in the countries of
the Andean Community - CAN, there is
not a single community registry for such
creations. To obtain protection, you must
submit applications and obtain their regis-
tration in each member country (Bolivia,
Colombia, Ecuador and Peru).
Priority claim of distinctive signs and new
creations
Additionally, who first submits the applica-
tion for registration in a particular country,
is the date of submission of subsequent
applications for registration or concession
made in one or more countries, within six
months after the presentation of the first
application. This benefit is granted for the
registration of distinctive signs and new
creations in any of the countries that are
part of the Paris Convention for the Protec-
tion of Industrial Property.
9.1.2. Distinctive Signs
A distinctive sign is that which allows an
entrepreneur to identify in the market the
products he produces or commercializes,
the services he provides, the companies
that develop commercial activities and
the premises where products and services
are sold.
9.1.3. Trademarks
For a sign to be registered as a trade-
mark, it must be distinctive and capable
of graphic representation. The first requi-
rement implies that the sign allows you to
differentiate the products or services from
other alternatives that are offered in the
market. The second involves offering a
description of the sign in such a way that
you can create an idea about it through
words, figures, or any mechanism capa-
ble of faithfully expressing the characteris-
tics of the sign.
A mark can be nominative (word (s) that
can be pronounced), figurative (bi-dimen-
sional drawing), mixed (set of several ele-
ments) or three-dimensional. Likewise, De-
cision 486 allows registration of sounds,
odors, the combination of colors or colors
delimited by a specific shape and the
shape of the products, their containers or
wrappings, as trademarks.
Signs not protected as trademarks
Signs that do not meet requirements as
trademarks are:
i. The generic signs (eg: sign GLASS
for glasses) or descriptive (eg:
ROUND for wheel)
ii. The usual and necessary forms.
They are those that are normally used
in the market and do not have cha-
racteristics that differentiate them from
others.
iii. The forms that imply a technical
or functional advantage. The functio-
nality must derived principally from
the form in order be protected (eg a
container that allows its content to be
emptied more easily).
iv. The illicit or deceptive signs. Prohi-
bited by law
Products or services identified with
trademark
Trademark concept links with the product
or service that identifies with it. For that re-
ason, the registration request must specify
exactly the product (s) and / or service
(s) that will be identify with the sign. For
this purpose, the Nice International Clas-
sification contains 34 classes to classify
products and 11 for services. In addition,
this International Classification contains
a supplement with an alphabetical list of
products and services with the indication
of the class to which they belong. In case
the product or service does not appear
in this list, the International Classification
contains a list of criteria that facilitate
classification.

10 11
Acquisition of the right
In countries of the Andean Community,
the right of ownership of a trademark is
acquired by means of its registration. The
validity of the trademark registration is 10
years, renewable indefinitely for the same
term.
Registration proceeding
The decision on the registration of a trade-
mark is an administrative act. For this re-
ason, the entire registration proceeding,
as well as differences that arise in said
proceeding, are guided by the principles
of administrative law.
Stages Term
1. Submission of application N/A
2. Application is accepted; filing
date is assigned
N/A
3. Formal test 15 business days following filing date
3.1. If there is a formal error, an
additional period is granted to
correct it
60 business days following the notifi-
cation
4. SIC orders publication of appli-
cation in the Industrial Property
Gazette
N/A
5. A period is granted for interest-
ed third parties to oppose to the
application for registration
30 business days following the date of
publication.
30 días hábiles después del
vencimiento del plazo para oposi-
ciones.
6. An additional period is granted
(if requested) to present evidence
that supports opposition
30 business days after the deadline for
oppositions
30 días hábiles después del
vencimiento del plazo para contestar
la oposición.
Andean opposition
It allows the owner of a registered trade-
mark or a pending registration applica-
tion, in any of the countries of the CAN,
to oppose requests for registration of sub-
sequent trademarks applied in another of
the CAN countries. The opponent has the
obligation to present, together with his
opposition, the application for registra-
tion of his trademark in the country where
the opposition is presented, to prove his
real interest in the market.
Anticipated registration
At the moment of filling the application for
the registration of a trademark or a slogan
before the SIC, it is possible to request the
acceleration of the registration procedu-
re in order to achieve the final decision
before six months. For this benefit, the
applicant in its application must authorize
the SIC, the revocation que of the deci-
sion of registering the trademark or the
slogan in the event that a third party sub-
mits an identical or similar sign, claiming
the priority under the Paris Convention. In
any case, the applicant may appeal the
decision denying the registration.
Accelerated Examination of Form
Requirements
It is a new option offered to trademark
and trademark applicants at the time of
filing their application. With this option,
it is possible to accelerate the study of the
formal requirements and, therefore, to re-
duce the time elapsed between the sub-
mission of the application and its publi-
cation in the Industrial Property Gazette
and the total duration of the registration
process. The conditions to access this op-
tion are:
• It should only be about nominative,
figurative or mixed trademark applica-
tions and / or commercial slogans.
• The application was submitted at the
Virtual Office. It is not possible to re-
quest this accelerated examination of
an application filed in physical form.
• The applicant must make exclusive
use of the pre-approved list of prod-
ucts and / or services provided by the
Stages
7. Term is granted to the applicant
to answer the opposition.
cation of the opposition.
8. An additional period is granted
(if requested) to present evidence
against opposition.
30 business days after the deadline to
answer opposition.
9. SIC does substantive exam-
ination of the application and the
opposition (s) -if applicable
N/A
10. Submission of appeal against
the decision of the SIC
cation of the decision.

12 13
Superintendence of Industry and Com-
merce. The applicant cannot manually
edit products and / or services identi-
fied.
• The accelerated exam cannot be re-
quested if you wish to obtain certain
special discounts. The applicant ac-
cepts the possibility that the request
can be returned to the formal exam-
ination, if during any time of the pro-
cess the Superintendence evidences
aspects of form that must be corrected.
Scope of the right
The right granted through the registration
of a trademark has a positive and a ne-
gative dimension. The first involves the
ability of the owner of the brand to use it
and dispose of it. The use must be as the
trademark was registered and to identify
the products or services covered by the
registration. In addition, this ability allows
the owner to identify his products or ser-
vices, use it in advertising, enter it in the
market and negotiate their rights through
contracts (assignment, usufruct, security
interest, license, etc.).
The negative dimension of the right gran-
ted by the trademark registration implies
the right of its owner to prohibit unau-
thorized third parties from using the tra-
demark. This power extends not only to
brands identical to those of the owner but
also to those that are similarly confusing
and that could lead consumers to error.
This prohibition also applies not only in
relation to products identical to those that
identify the registry but to products with
competitive connection.
Use of the trademark
Individuals with a legitimate interest can
obtain the cancellation of a trademark
registration, if: (i) notification of the gran-
ting of the registration has been made at
least three years prior to the day in which
the cancellation is requested and (ii) its
owner fails to demonstrate a real and
effective use of the trademark in any of
the member countries of the CAN, during
the three consecutive years prior the mo-
ment in which cancellation was reques-
ted.
The owner of the trademark has the obli-
gation to provide evidence of its use in the
market and, if not presented, total cance-
llation of the registration will be ordered
and the trademark rights will be lost. In
the event that adequate use of the trade-
mark is proved for some of the products
or services for which it was registered,
the partial cancellation of the registration
will be ordered. In this case, the right is
limited to protect exclusively the products
or services that are being effective and
actually used.
The use of the trademark made by an
authorized third party (through franchi-
se agreements, distribution, use license,
etc.), is valid to prove the use of a tra-
demark against a cancellation action.
For this it is advisable to register the co-
rresponding contract with the SIC, even
when the registration of the same is not
mandatory.
Whoever obtains a favorable resolution
within a cancellation process due to lack
of use in a country of the CAN, will be
the beneficiary of the preferential right
to request the registration of an identical
trademark to the one whose cancellation
has been ordered, in order to identify
products identical to those covered by the
canceled registration. The term granted to
invoke the preferential right is three mon-
ths following the date on which the cance-
llation decision is final.
International trademark applica-
tion
Colombia is part of the Madrid Protocol,
which entered in force on August 29,
2012. Under the provisions of this Proto-
col, it is possible to obtain registration of
a trademark independently in multiple sta-
tes, with the filing of a single international
application before the competent national
agency (SIC for Colombia) and the pay-
ment of a standardized rate. This appli-
cation system represents for the applicant
considerable advantages, particularly in
terms of costs, time and resource optimi-
zation for trademark management.
Whoever has an international registration
will be able to centralize the process of
renewal of the trademarks registered in
the designated countries, as well as the
limitations of products or services and the
registration of affectations and licenses,
among others.
9.1.4. Other distinctive signs
The other distinctive signs that regulates
Decision 486 are commercial slogans,
collective trademarks, certification marks,
trade names, trademarks and appella-
tions of origin. The most important cha-
racteristics of the regime applicable to
them as shown below:
TRADE-
MARKS
COM-
MERCIAL
SLOGANS
COLLECTI-
VE TRADE-
MARKS
CERTIFI-
CATION
MARKS
TRADE
NAME
TRADE
EMBLEMS
ORIGIN
DESIGNA-
TION
TIPO DE
SIGNO
- Nominative
- Figurative
- Mixed
- Three-di-
mensional
- Sound
- Olfactory
- Color
delimited
by a certain
shape
- Forms of
products,
their con-
tainers or
wrappings
Word,
phrase or
caption
Any type of
sign
Any type of
sign
Any type of
sign
Any type of
sign
Geographic
Indication

14 15
TRADE-
MARKS
COM-
MERCIAL
SLOGANS
COLLECTI-
VE TRADE-
MARKS
CERTIFI-
CATION
MARKS
TRADE
NAME
TRADE
EMBLEMS
ORIGIN
DESIGNA-
TION
WHAT DO
THEY DIS-
TINGUISH
Products or
Services
Products or
Services
The origin
or any other
common
charac-
teristic of
products or
services
belonging
to different
companies
and using
it under the
control of a
holder
Products
or services
whose qua-
lity or other
characte-
ristics have
been
Certified by
the owner
of the trade-
mark
An econo-
mic activity,
a com-
pany, or a
commercial
establish-
ment
A commer-
cial establi-
shment
Product from
the place
REQUIRE-
MENTS
Distinctive.
That can be
represented
graphically
The same
demanded
for the mar-
ks. It must be
accessory to
the mark.
The same
demanded
for the
marks
The same
demanded
for the
marks.
Distinctive,
lawful and
truthful
The same
demanded
for the
commercial
name.
Connection
between the
product and
the place
and that
the quality,
reputation
or other
characteris-
tics are due
exclusively
or essentially
to the geo-
graphical
environment
in which it is
produced,
including
natural
and human
factors.
TRADE-
MARKS
COM-
MERCIAL
SLOGANS
COLLECTI-
VE TRADE-
MARKS
CERTIFI-
CATION
MARKS
TRADE
NAME
TRADE
EMBLEMS
ORIGIN
DESIGNA-
TION
HOLDERS Natural or
legal person
Natural or
legal person
Associations
of produ-
cers, manu-
facturers,
providers of
services, or-
ganizations
or groups
of people,
legally esta-
blished
Company or
institution,
private or
public law
or a state,
regional or
International
Natural or
legal person
Natural or
legal person
Natural or
legal person
Natural or
juridical
persons
that directly
devote them-
selves to the
extraction,
production
or elabo-
ration of
the product
(s) that are
intended to
protect
- The produ-
cer associa-
tions.
- State, de-
partmental
or municipal
authorities (if
the product
comes from
its region).
ORIGIN OF
RIGHT
Registry Registry Registry Registry First use in
commerce.
Deposit de-
monstrates
presumption
of use.
First use in
commerce.
Deposit de-
monstrates
presumption
of use.
Registry
TRANSMI-
SION OF
THE RIGHT
Without
limits
It must be
assigned
with the
trademark
to which it is
attached
Bylaws of
the entity
allow it.
It must be
registered
within SIC to
be opposa-
ble to third
parties
Refers to
trademarks
It must be
assigned
jointly with
the company
or establi-
shment with
which it was
being used
It must be
assigned
jointly with
the establi-
shment with
which it was
being used.
Not appli-
cable

16 17
TRADE-
MARKS
COM-
MERCIAL
SLOGANS
COLLECTI-
VE TRADE-
MARKS
CERTIFI-
CATION
MARKS
TRADE
NAME
TRADE
EMBLEMS
ORIGIN
DESIGNA-
TION
VALIDITY 10 years re-
newable for
equal and
successive
periods
Conditio-
ned to the
validity of
the main
trademark
Refer to
trademark.
Refer to
trademark.
Indefinite. It
ends when
the use of
the name or
activities of
the company
or esta-
blishment
that uses it
ceases. The
deposit lasts
10 years
renewable
indefinitely
Indefinite. It
ends when
the name is
changed or
the activities
of the esta-
blishment
that uses it
cease. The
deposit lasts
10 years
renewable
indefinitely
As long
as the
conditions
that gave
rise to the
protection
subsist
REGULA-
TION
Arts. 134 a
174 Deci-
sion 486
Art. 175
- 179
Decision
486. Not
regulated,
trademark
regime
applies
Arts. 180
to 184
Decision
486. Not
regulated,
trademark
regime
applies.
Arts. 185
to 189
Decision
486. Not
regulated,
trademark
regime
applies.
Arts. 190 a
199 Deci-
sion 486.
Arts. 603 to
611 Code
of Commer-
ce
- Arts. 603
a 611
Código de
Comercio
- Arts.
201-220
Decision
486. Not
regulated,
trademark
regime
applies.
NOTES N/A With the
application
you must
attach:
a) copy of
the entity’s
bylaws;
b) the list of
members; Y,
c) the indi-
cation of the
conditions
of use.
- The
application
for the tra-
demark must
be attached
with the
application.
- Allows use
according to
the regula-
tion.
- It cannot be
used by the
owner of the
trademark.
N/A N/A With the
application
you must
attach:
- Definition
of geogra-
phical area.
- Product
description
and its
qualities,
reputation
or essential
characteris-
tics
9.1.5. New Creations
New creations are protected by means
of: patents on inventions, utility models,
industrial designs and layout designs of
integrated circuits.
9.1.6. Patents on Inventions
The invention patent is a concession
made by the State to the inventors or their
successors in order to exploit an industrial
invention. The right to the patent grants
its owner the right to exploit the invention
exclusively, as well as the right to prevent
third parties from manufacturing, offering
for sale, selling, using, marketing and /
or importing the object of the protection.
What can be patented?
The Andean regime protects inventions of
product or proceedings, which are novel
(new knowledge), have an inventive level
(that are not obvious to a person mode-
rately versed in the subject) and that are
susceptible of application in industry. The
time of protection of a patent is of twenty
years counted from the date of presenta-
tion of the grant application, after which
the invention becomes public domain.
What is not patentable?
The following are not considered inven-
tions:
a) Discoveries, scientific theories and
mathematical methods;
b) All or part of living beings as
they are found in nature, the natural
biological processes, the biological
material existing in nature or that
which can be isolated, including the
genome or germplasm of any natural
living being;
c) Works protected by copyright;
d) The plans, rules and methods for
the exercise of intellectual activities,
games or economic-commercial acti-
vities;
e) The software;
f) The ways of presenting information.
Exceptions to patentability
Decision 486 establishes two types of
exceptions for inventions: (i) for reasons
of an ethical nature and (ii) because of
subject matter of the invention. In the first
group of exceptions are inventions that at-
tempt against public order or moral, heal-
th or life of people or animals and plants
and the environment. In the second group
of exceptions, plants, animals and essen-
tially biological processes, its production
and therapeutic or surgical methods for
human or animal treatment and second
uses of products or procedures already
patented, among others.
License regime
Contractual licenses
By virtue of contractual licenses, the ow-
ner of a patent may authorize a third
party to exploit the protected invention
in accordance with the terms agreed by
the parties. Usually, an economical com-
pensation is established. This agreements
must be in writing and it is recommended
to register them before the SIC so that they
can be opposable to third parties and ser-
ve as proof of use of the patent.
Compulsory licenses
The state has power to limit temporarily
the exclusive exploitation rights in head
of the patent owner (of invention or utility
model) through compulsory licenses gran-
ted to third parties.

18 19
TYPE OF COMPULSORY LICENSE FACTUAL SITUATION
Compulsory license due to lack of
use
Granted when the patent has not been ex-
ploited in the terms of law or its exploita-
tion has been suspended for more than a
year.
Compulsory license for reasons of
public interest
Granted after declaring the existence of
public interest, emergency or national se-
curity grounds as long as such circumstan-
ces remain.
Compulsory license to preserve
antitrust market conditions
Granted upon performance of anticompe-
titive (antitrust) acts, particularly the abuse
of dominant position by the titleholder of
the patent.
Compulsory license for dependen-
cy patents
Granted upon request when it is demons-
trated that for the exploitation of a patent,
it is required the use of another one.
International patent registry
Under the Patent Cooperation Treaty (PCT)
of which Colombia is party, it is possible
to request the granting of a patent before
the World Intellectual Property Organiza-
tion through the competent national office
(the SIC in Colombia´s case). Thus, an in-
ternational background research can be
requested, in order to evaluate possibili-
ties of success of the invention and subse-
quently request the protection of the pa-
tent in multiple countries simultaneously.
9.1.7. Other new creations
Other new creations regulated by De-
cision 486 are utility model patents, in-
dustrial designs and layout designs of
integrated circuits. The most important
characteristics of their applicable regime
are:
PATENTS OF
INVENTION
UTILITY MODELS
INDUSTRIAL
DESIGNS
WHAT IS PRO-
TECTED
Invention of prod-
uct or proceeding
New form, config-
uration or arrange-
ment of elements of
an object or a part
of it
.It is the external
form (two-dimen-
sional or three-di-
mensional) of a
product that gives
a particular ap-
pearance to it.
REQUIREMENTS Novelty
Inventive level
Industrial applica-
tion
Novelty
That allows a better
functionality or
adds a technical
effect to the object.
Novelty
That is ornamental
PROHIBITIONS - Plants, animals
and essentially
biological proce-
dures for obtain-
ing them
- Therapeutic or
surgical methods
for human or ani-
mal treatment
- Diagnostic meth-
ods
Plastic works, for
architecture or ob-
jects that have only
aesthetic character.
That with the
design, the desti-
nation or function
of the product are
modified.
ORIGIN OF
RIGHT
Patent granting Patent granting Registry
VALIDITY OF
RIGHT
20 years from the
date of submission
of the application
10 years from the
date of submission
of the application
10 years from the
date of submission
of the application

20 21
9.1.8. Confidential Information
9.1.8.1. Trade Secrets
Information possessed by an individual or
company that can be used for any pro-
ductive, industrial or commercial activity
and that is likely to be transmitted, can
be protected through a commercial secret
for an indefinite period, and provided it
comply with the following requirements:
- Being secret information
- Having a commercial value
- Having been subject to reasonable
measures by its rightful owner to keep
such information as secret.
9.1.8.2. Undisclosed Informa-
tion – Data Protection
In accordance with Article 266 of CAN,
Decision 486, member countries, when
requiring, as a condition for approving
the marketing of pharmaceutical or of
agricultural chemical products which uti-
lize new chemical entities, the submission
of undisclosed test or other data, the ori-
gination of which involves a considerable
effort, shall protect such data against un-
fair commercial use.
The main requirements established in the
legislation for granting the data protec-
tion are:
- There must be a new chemic entity.
- The information must be “undisclo-
sed.”
- The information must involve a consi-
derable effort.
With the fulfillment of the requirements
established in Colombian law, such data
shall be protected during 5 years for phar-
maceuticals and 10 years for agricultural
chemical products.
The way of protection of data is framed
within the right of unfair competition, sin-
ce it is limited to “unfair commercial use”
by which it seeks to avoid the use of the
effort of others by a third party. It is a
“non-exclusive” type of protection, since
the competitor can request a marketing
authorization if he has developed his own
data.
(a) Industrial Designs
Industrial designs refer to the particular
appearance of a product resulting from
any arrangement of lines, or combina-
tion of colors, or of any two-dimensional
or three-dimensional form, line, outline,
configuration, texture or material, without
changing the function or purpose of the
product. Thus, through the qualification
as an industrial design, creations that are
innovative, that have a unique character
and that can be applied on an industrial
scale are protected. The exclusivity right
of use is granted for ten years from the
date of filing of the application.
9.1.9. Right to Claim Priority on
the Application for Trademarks,
Patents and Industrial Designs
Decision 486 provides the possibility of
“claiming priority,” case in which, as with
trademarks, the holder of a patent appli-
cation and industrial design is entitled
to file subsequent identical applications
in other countries and claim priority for
the initial application date. Consequently,
patent, trademark and industrial design
applications originated in other member
countries of the Paris Convention are co-
vered by the right to claim the earliest fi-
ling date. The term to claim priority is of
one year for patents and six months for
industrial designs and trademarks1
.
9.1.10. Negotiability
The rights conferred by the registration of
distinctive signs and new creations are
negotiable and assignable. Accordingly,
their holders will be able to make use of
their rights through different means, such
as assignment by sale, license of use, or
use them as encumbrances and the gran-
ting of guarantees.
Bearing in mind that rights over trademar-
ks and patents derive from their registra-
tion, any act of disposal or assignment,
such as those mentioned above, must be
recorded before the competent agency so
as to become enforceable against third
parties, except trademark licenses of use2
.
Colombian legislation allows the assig-
nment of author’s economic rights and
industrial property rights by means of em-
ployment or service agreements. In fact,
the transfer of said rights is presumed
unless stated otherwise. In order for this
presumption to operate, the contract must
be written as opposed to a verbal agree-
ment.
Under Colombian legislation the registra-
tion of the industrial property as a mova-
ble guarantee should be registered throu-
gh the virtual office of the SIC
9.1.11. Applicable Proceeding
and Fees
The nature of proceedings to register
trademarks and patents is administrative
and not judicial. Such proceedings are
to be carried out with the SIC following
these steps:
Compliance of formal
requirements
Official fees are paid
and application is filed
Publication for third
parties
Decision granting or
denying application
Final decision: appeal is
decided
Response to oppo-
sitions and filing of
evidence
Opposition
term Appeal
1
1225. Currently there are 176 countris part of Paris Convention. The country list may is avail-
able in: http://www.wipo.int/treaties/es/ShowResults.jsp?lang=es&treaty_id=2
2
Article 5, Decree 729/2012.

22 23
For distinctive signs, the process may
take between four (4) months and two (2)
years approximately until a final decision
is rendered. Regarding new creations,
the process may take between two (2)
and four (4) years approximately.
Applicable fees for 2018, can be found
in Resolution 61034 of September 27,
2017 or in the SIC’s webpage: www.sic.
gov.co
It is important to take into account that
there is a discount on registration fees
for on-line filings, when those requesting
registrations have attended the courses
or forums given by the SIC related to in-
dustrial property, or are SME (Mipymes),
public or private universities, local or fo-
reign.
9.2. Copyright and Related Rights
9.2.1. General Aspects
Copyright protection is granted to artistic
and literary creations, as well as softwa-
re-. because it is written in a binary lan-
guage. Copyrights protection is granted
on the way ideas are expressed, and not
on the ideas themselves.
In Colombia, the Author has two types of
rights: i) moral rights and ii) economic ri-
ghts. Moral rights are inalienable, impres-
criptible and indefeasible and are closely
linked to the author of the work; while
property rights may be negotiated, sold,
seized and may be transferred by inter
vivos act or by cause of death.
MORAL RIGHTS ECONOMIC RIGHTS
• Rights to claim the paternity of the
author over the work.
• Right to maintain the integrity of the
work.
• Right to maintain the work unpub-
lished.
• Right to retract the work.
• Right to modify the work before or
after its publication
• Right to reproduce the work.
• Right of public communication of the
work.
• Right to distribute the work.
• Right to translation and adaptation
of the work.
Copyright exists since the creation exists
without any formal requirement for its pro-
tection.
There is a presumption of transfer of the
patrimonial rights of the author in favor of
the employer or the enforcer, within the
framework of the labor contract or the
provision of services that are in writing.
The registration of works protected under
copyright, in the National Directorate of
Copyright attached to the Ministry of the
Interior, has declarative effects. Therefo-
re, registration does not constitute any
right for the owner, but serves to make
public its creation and is the ideal mean
of evidence of its ownership, originality
and its creation time.
The registration of contracts that trans-
fer rights or those that imply exclusivity
is required for purposes of publicity and
third-party effectiveness.
In Colombia, the term of protection of
economic rights is the same as author’s
life plus eighty years. When the holder
of the rights is a legal person, the term
of protection is fifty years, beginning from
the date of realization, disclosure or pu-
blication of the work.
The related rights are the rights that corres-
pond to the artist, performer on their exe-
cution, interpretation or representation. It
also includes the rights of broadcasting
organizations over their broadcasts and
those of producers of phonograms over
their phonograms. The duration of these
rights will depend on whether the owner
is a natural person or legal entity.
9.2.2. Applicable Law
Regulations on copyright law are inclu-
ded in Decision 351 of 1993, of the CAN,
Law 23 of 1982, and Law 44 of 1993. In
the event of contradiction between CAN
provisions and local legislation, CAN
provisions prevail, in accordance with the
Colombian Political Constitution.
Furthermore, are applicable in Colom-
bia both the Berne Convention, the Trade
Related aspects of Intellectual Property
Agreement of the WTO, the WIPO Co-
pyright Treaty (WCT), the WIPO of perfor-
mers and producers of phonograms treaty
(WPPT). For related rights it is also appli-
cable the Roma Convention of 1961.
9.2.3. Negotiability
Due to their economic nature, author´s
economic rights are subject to transmis-
sion through donation, purchase, succes-
sion, etc. Economic rights can also be
transferred by legal order or by cause of
death. There is a presumption of transfer
of patrimonial rights of the author in favor
of his employer or contractor, within the
framework of the work contracts or the
provision of services that are written.
The author’s rights or related rights may
be assigned by inter vivos act. This trans-
ference is limited to the foreseen exploita-
tion modalities or to the time and territorial
scope that are determined contractually.
If a period is not limited, the assignment
limits to five years, and the territorial sco-
pe, to the country in which the assignment
takes place.
The assignment of economic rights is valid
only if the act of disposal is in writing.
Likewise, it must be filed before the Na-
tional Directorate of Copyright (DNDA) in
order for it to be enforceable against third
parties.
9.3. Plant Breeder’s Rights
Plant breeder’s rights are intellectual pro-
perty rights granted on new plant varie-
ties developed by an individual or a legal
entity through crossover, hybrid or biote-
chnology procedures or any other.
Breeding is an activity that requires an
investment of time, money and knowled-

24 25
ge. Considering the need of promoting
the development of new plant varieties
in order to face current and future food
difficulties, plagues and climate change,
a system for the protection of the plant
breeder´s rights was established, recog-
nizing that the intellectual property rights
system is the appropriate way to protect
such creations, granting to breeder’s or
rights holders, the exclusive right to use
or exploit its new variety and the power
to authorize or not, to third parties such
rights. In Colombia according to the CAN
Decision No 345, Colombia has the obli-
gation to have a system for the protection
of the rights of plant breeders. This pro-
tection has been reinforced since 2012,
when the Colombian Government enac-
ted Law 1518 by means of which the In-
ternational Convention for the Protection
of Plant Varieties of December 2, 1961
and its subsequent revisions was adopted
in the internal legislation.
9.3.1. Requirements for Acce-
ding to the Protection
a. The plant variety must be
new
It is required that the variety has not
been offered for sale with the consent
of the breeder. The licit sale or com-
mercialization of the variety within the
year immediately prior to the submis-
sion of the application for the registra-
tion of the breeder’s certificate without
losing the condition of the novelty is
permitted.
For the purposes of allowing the regis-
tration of the breeder’s right in several
countries without losing the condition
of novelty, the legislation provides the
possibility of claiming the date of the
application as the date of a previous
request, provided that one year has
not elapsed.
b. Distinctiveness
The variety shall be deemed clearly
different or distinguishable from any
other variety whose existence is a mat-
ter of common knowledge at the time
of filing the application. In particu-
lar, a notorious or commonly known
variety is one that has been presented
in an application for registration of a
breeder’s certificate or for its registra-
tion in an official register of cultivars;
however, the competent office in each
country may establish other criteria
to consider a variety as commonly
known.
c. Uniformity
The variety shall be deemed uniform
if, subject to the variation that may be
expected from the particular features
of its propagation, it is uniform in its
relevant characteristics.
d. Stability
The variety shall be deemed stable, if
its relevant characteristics remain un-
changed after repeated propagation
or, in the case of a particular cycle of
propagation, at the end of each such
cycle.
e. Plant denomination
It is necessary to assign to the new
plant variety a denomination that al-
lows the identification of the variety
without violating the rights of third par-
ties, for example, the varietal denomi-
nation must not consist of the denomi-
nation of a brand or name used by a
different employer in the market.
9.3.2. Rights Granted
The plant breeder’s right grants to its ow-
ner the power of deciding the use and ex-
ploitation of the propagating material of
the protected variety including the produc-
tion with commercial objectives, the sale
and commercialization of such material.
The protection may cover the harvested
material, including entire plants and parts
of plants, obtained through the unautho-
rized use of propagating material of the
protected variety, unless the breeder has
had reasonable opportunity to exercise
his right in relation to the said propaga-
ting material.
In Colombia, the protection has a dura-
tion of 20 years. For trees and vines, the
protection shall be granted for 25 years.
9.3.3. Procedure:
Submission of the application before
the Division de Semillas of the ICA.
Rejection of the
application.
Certification
granted.
Admission of the
application with an
additional period of 60
days for completing the
formal requirements.
Term for appeals by
third parties.
Publication in the official
gazzette of protected plant
varieties.
Admission of the
application.
Certification
denied.

26 27
Regulatory framework
Norm Subject
Colombian Political Constitution Articles 58, 61, 78, 88, 150 and 189
– regulation on intellectual property.
Paris Convention of 1883 For the protection of industrial proper-
ty.
Rome Convention of 1961 For the protection of performers, pro-
ducers of phonograms and broadcast-
ing organizations.
General Inter-American Con-
vention for Trade Mark and
Commercial Protection of 1929
Trademark and commercial protection.
Locarno Agreement of 1968 International classification for industrial
designs.
UPOV Conventions, 1978 and
1991 acts (not into force).
Plant Breeder’s Rights.
Nice Agreement of 1979 International classification of goods
and services for the purposes of the
registration of trademarks.
Berne Convention of 1979 For the protection of literary and artis-
tic works.
Law 23 of 1982 On copyright.
Law 26 of 1992 Treaty on the international registration
of audiovisual works.
The application for a Plant Breeder´s Rights
certificate must be submitted with all neces-
sary documentation before the División de
Semillas of the Instituto Colombiano Agro-
pecuario (ICA) which is the national com-
petent authority for this type of registration.
The studies of uniformity, stability and dis-
tinctness (DHE studies) may be developed
in Colombia. It is also possible to request
to the ICA the homologation of studies de-
veloped abroad. Currently in Colombia,
it is possible to develop DHE studies for
tobacco, sugarcane, African palm, soy,
passion flower, rice, brachiaria, garlic
and corn.
Norm Subject
Law 44 of 1993 Modifies and complements Law 23 of
1982 on copyrights.
Decision 351 of 1993 of the
CAN
Common provisions on copyright and
related rights.
CAN
Common provisions on Plant Breeder´s
Rights.
Strasbourg Agreement of 1994 International patent classification.
Law 178 of 1994 By means of which the International
Paris Convention for the protection of
industrial property was approved.
WIPO Treaty of 1996 WPPT On performances and phonograms.
WIPO Treaty of 1996 WCT On copyright.
Law 463 of 1998 Patent Cooperation Treaty (PCT).
CAN
Common Intellectual Property Regime.
Decree 43 of 2008. Compulsory licenses to third parties
procedure.
PCT of 2001 Patent Cooperation Treaty.
CAN
Adjustments to Decision 486 of 2000.
Law 1199 of 2008 TRIPs.
Law 1343 of 2009 TLT and its regulation.
Law 1403 of 2010 Fanny Mickey Law regarding copy-
right.
Law 1437 of 2011 Administrative procedure code
Law 1450 of 2011 Issuing the National Development Plan
2010-2014.
Law 1455 of 2011 Madrid Protocol.
Decree 19 of 2012 Paperwork reduction.

28 29
Norm Subject
Law 1518 of 2012 By means of which the International
Convention for the Protection of Plant
Varieties of December 2, 1961 and its
subsequent revisions was approved.
Resolution 42847 of SIC Procedure for distinctive signs and
new creations.
Law 1753 of 2015 Issue of the National Development
Plan 2014-2018
Resolution 61034 of 2017 is-
sued by the SIC
Registration fees for the year 2018.
Resolution 90555 of 2016 Implementation of the International
Nice Classification as of January 1st,
2017.
Law 1676 of 2013 Movable Guarantees
Resolution 103590 of 2015 Registration of movable guarantees.
Decree 1074 of 2015 Decree for the industry, commerce an
tourism sectors
Decree 670 of 2017 By means of which intersectoral techni-
cal committee.
Resolution 61034 of September
27, 2017 of the SIC
Compulsory licenses in an interinstitu-
tional technical committee with partici-
pation of the SIC.

30 31
Helping clients overcome the challenges of compe-
ting in the global economy
Baker McKenzie is a global law firm with leading
local capabilities in Latin America. Since our pionee-
ring entry into Caracas over six decades ago, we
have witnessed the transformation of Latin America.
In Colombia, we are the leading international law
firm in terms of financial growth over the past three
years. We go beyond the traditional areas of law
and focus on industry groups led by renowned ex-
perts in each of our clients’ sectors. We are com-
mitted to training our lawyers to deliver pragma-
tic, business-focused advice tailored to our client’s
growth strategies.
Baker McKenzie’s well-established global presence
allows us to collaborate beyond borders. We work
with colleagues across the world’s major financial
centers, while our clients benefit from exceptional
legal and business advice.
Over the years, our Firm has demonstrated a solid
commitment to diversity and inclusion, innovation,
and pro bono work. Our Corporate Social Respon-
sibility programs allow us to give back to our com-
munities and collaborate with clients that share the
same commitment to social justice.
Partners
Tatiana Garcés Carvajal
Managing Partner Labor and compensation
Jaime Trujillo Caicedo
Partner - M&A / Private Equity
Carolina Pardo Cuellar
Partner Antitrust and competition
Alejandro Mesa Neira
Partner Mining, Energy, Infrastructure
Claudia Benavides Galvis
Partner Dispute resolution
Ciro Meza Martínez
Partner Tax
Evelyn Romero
Partner Labor and compensation
Andrés Crump
Partner M&A / Private equity
Juan Pablo Concha
Partner Intellectual property
Juan Felipe Vera Cardona
Partner M&A / Private equity
Cristina Mejía
Partner Dispute resolution
Rodrigo Castillo Cottin
Partner Tax
Areas of practice
- Antitrust and competition
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Contact info
Baker McKenzie S.A.S
Av. Calle 82 No 10-62 piso 7
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Tel: 571 634 15 00
Fax: 571 376 22 11
www.bakermckenzie.com
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We help our clients navigate a constantly
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We call it The New Lawyer.
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32 33
The information provided by PROCOLOMBIA in this brochure should not be considered as investment advice.
PROCOLOMBIA does not replace the management bodies of the Investor when making decisions about their
investments and does not guarantee results. The Investor remains solely responsible for its decisions, actions,
compliance with applicable laws, rules and regulations.
* PROCOLOMBIA´S COVERAGE IN OTHER COUNTRIES
PROCOLOMBIA
IN THE WORLD
GERMANY AUSTRIA, DENMARK, SLOVAKIA, SLOVENIA, HOLLAND, HUNGARY, POLAND, CZECH REPUBLIC, SWITZERLAND / ARGENTINA
PARAGUAY, URUGUAY / CARIBBEAN PUERTO RICO, DOMINICAN REPUBLIC, TRINIDAD AND TOBAGO, CUBA, ANTIGUA AND BARBUDA,
THE BAHAMAS, BARBADOS, DOMINICA, GRENADA, GUYANA, HAITI, JAMAICA, MONTSERRAT, SAINT LUCIA, ST. KITTS AND NEVIS, ST. VINCENT
AND THE GRENADINES, SURINAME, ARUBA, CURACAO, ST. MARTIN, BONAIRE, ST. EUSTAQUIO, SABA, GUADALUPE, MARTINICA, GUYANA
FRANCESA, ST. BARTHELEMY, ANGUILLA, BERMUDA, BRITISH VIRGIN ISLANDS.
CAYMAN ISLANDS, TURKS AND CAICOS ISLANDS / CHINA HONG KONG / SOUTH KOREA PHILIPPINES, MONGOLIA / COSTA RICA PANAMA,
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* PROCOLOMBIA´S COVERAGE IN OTHER COUNTRIES
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PARAGUAY, URUGUAY / CARIBBEAN PUERTO RICO, DOMINICAN REPUBLIC, TRINIDAD AND TOBAGO, CUBA, ANTIGUA AND BARBUDA,
THE BAHAMAS, BARBADOS, DOMINICA, GRENADA, GUYANA, HAITI, JAMAICA, MONTSERRAT, SAINT LUCIA, ST. KITTS AND NEVIS, ST. VINCENT
AND THE GRENADINES, SURINAME, ARUBA, CURACAO, ST. MARTIN, BONAIRE, ST. EUSTAQUIO, SABA, GUADALUPE, MARTINICA, GUYANA
FRANCESA, ST. BARTHELEMY, ANGUILLA, BERMUDA, BRITISH VIRGIN ISLANDS.

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