Overview of legal framework

Colombia's IP legal framework combines regional rules and national legislation, and mainly relies on:

• Decision 486 of the Andean Community (Decision 486/2000) — regional industrial property regime

• Industrial Property Decree (Decreto 2591/2000)

• Trade Mark and Industrial Design Decree (Decreto 1074/2015)

• Copyright Law (Law No. 23/1982)

The competent authority is SIC (Superintendencia de Industria y Comercio), which is attached to the Ministry of Commerce, Industry and Tourism (Ministerio de Comercio, Industria y Turismo).
Colombia is a member of WIPO, the PCT, the Paris Convention, TRIPS, the Madrid Protocol (since 2012) and the Hague Agreement (since 2022).

International cooperation and regional integration

• Colombia is a member of the Andean Community (CAN), where industrial property rules are managed under a common regional framework;

• Participates in PROSUR (South American IP cooperation network) and in the Latin American PPH mechanisms;

• Is a member of WIPO, PCT, Madrid and Hague;

• Has information-sharing and PPH cooperation arrangements with EUIPO, USPTO, INPI Brasil, INAPI Chile.

Trade mark system

Filing routes

• National trade mark applications may be filed directly with SIC;

• Or Colombia may be designated via the Madrid System (Madrid Protocol).

Classification standard

• Uses the Nice Classification;

• Single-class and multi-class applications are accepted.

Examination procedure

• Formality examination: around 1 month;

• Substantive examination: around 6–9 months;

• Opposition period: 30 days from the date of publication.

Use and renewal

• Registration is valid for 10 years and may be renewed indefinitely;

• Non-use for 3 consecutive years may result in cancellation.

Examination features

• Examination language: Spanish;

• Focuses on distinctiveness and conflicts with prior rights;

• Opposition system is active; third parties may file oppositions;

• Applications can be processed fully online via the SIC en Línea platform;

• Non-traditional marks (sound, figurative elements, 3D shapes, colour combinations, etc.) can be registered.

Patent system

Types of protection and term

• Invention patent (Patente de Invención): 20 years from the filing date;

• Utility model (Modelo de Utilidad): 10 years from the filing date.

Examination system

• Invention patents: a full substantive examination system applies;

• A request for examination must be filed within 6 months from the filing date;

• Average examination time is 24–36 months.

International route

• Colombia is a PCT member state (since 2001);

• National examination can be entered from the international phase;

• Participates in the PROSUR PPH (Latin American Patent Prosecution Highway).

System features

• First-to-file principle applies;

• Examination language: Spanish;

• Annual maintenance fees are payable after grant;

• Patent term is not extendable;

• Post-grant disputes are decided by the SIC patent directorate or the administrative courts.

Industrial design protection

Legal basis

• Articles 113–136 of Decision 486 of the Andean Community.

Scope of protection

• External appearance of products: shape, lines, colours, ornamentation and combinations thereof;

• Applies to industrial products and handicraft designs.

Term of protection

• 10 years from the filing date; non-renewable.

Examination procedure

• Examination period: around 6–8 months;

• Examination language: Spanish;

• Formality examination only.

System features

• A single registration is valid nationwide;

• Multiple designs may be combined in one application;

• International applications may be filed via the Hague Agreement;

• Electronic platform: SIC Virtual / Diseños Industriales.