Industrial Designs Law in Colombia
Here’s an overview of industrial designs law in Colombia:
🇨🇴 Industrial Designs Law in Colombia
🔹 Governing Law
Industrial designs in Colombia are protected under Decree 1074 of 2015, which consolidates the country’s intellectual property regulations.
The authority responsible for registration is the Superintendence of Industry and Commerce (SIC).
Colombia is a member of international treaties including:
Paris Convention
Hague Agreement (for international registration of industrial designs)
TRIPS Agreement
🔹 What Can Be Protected?
Industrial designs protect the appearance or ornamental aspects of a product or part of a product.
Features include:
Lines
Contours
Colors
Shape
Texture
Materials used
The design must be new and have individual character (distinctiveness).
Functional or technical aspects are not protectable under industrial design law.
🔹 Registration Process
Application: Filed with the SIC and must include:
Clear graphical representations or photographs.
Description of the product.
Examination: Formal and substantive examination to assess novelty and compliance.
Publication: Applications are published in the Industrial Property Gazette.
Opposition: Third parties may file oppositions within a set timeframe.
Registration: Upon approval, the design is registered and a certificate issued.
🔹 Duration and Renewal
Initial protection lasts for 5 years from the filing date.
Can be renewed twice, each for 5 years.
Maximum total protection period is 15 years.
🔹 Rights Granted
Exclusive right to use the design and prevent unauthorized use.
Rights can be licensed, assigned, or transferred.
🔹 Enforcement
Enforcement of industrial design rights is handled by the Superintendence of Industry and Commerce and through Colombian courts.
Remedies include injunctions, damages, and seizure of infringing products.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member |
| Hague Agreement | Member |
| TRIPS (WTO) | Member |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Decree 1074 of 2015 |
| Authority | Superintendence of Industry and Commerce (SIC) |
| Duration | 5 years renewable twice (max 15 years) |
| Registration | Required |
| Rights granted | Exclusive use, licensing, assignment |
| Enforcement | SIC and Colombian courts |
| International treaties | Paris, Hague, TRIPS |
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