COLOMBIA Law and Practice Contributed by: Jaime Trujillo, Juan David Velasco, Natalia Ponce de León and Angelica Navarro, Baker McKenzie S.A.S.
7. Intellectual Property 7.1 Patents
The SIC can extend this term at least once. In this phase, the SIC requests additional information from other authorities, competitors, clients and suppliers to perform its market analysis. If the SIC issues a request for further information (RFI) to the parties during Phase 2, this resets the three-month period, but only the first RFI has this effect; subsequent RFIs do not suspend the duration of the review. 6.3 Cartels Colombian competition law generally prohibits anti- competitive agreements between competitors, such as price fixing, bid rigging and market allocation, among others. Antitrust laws apply to any market agent, whether domestic or foreign, whose conduct has or may have an effect, even if partially, in any market in Colombia. Penalties for companies engaging in anti-competi - tive agreements can be of up to 100,000 minimum monthly salaries (COP175 billion or USD46.3 million). Fines against individuals can be as high as 2,000 minimum monthly salaries (roughly COP3.5 billion or USD927,614 at current exchange rates). The SIC can impose fines against corporate officers and employ - ees who executed, authorised or tolerated the con - duct. 6.4 Abuse of Dominant Position Colombian competition law generally prohibits anti- competitive behaviour (ie, behaviour that is restrictive regardless of the existence of a dominant position) and abuses of dominance (eg, tying, discrimination and market access obstruction, among others). Penalties for companies engaging in abusive uni - lateral conduct can be of up to 100,000 minimum monthly salaries (COP175 billion or USD46.3 million). Fines against individuals can be as high as 2,000 minimum monthly salaries (roughly COP3.5 billion or USD927,614). The SIC can impose fines against cor - porate officers and employees who executed, author - ised or tolerated the conduct.
A patent is an exclusive right granted to an inventor over their invention. In Colombia, the patent protec - tion period lasts for 20 years from the filing date, and it cannot be renewed. The registration process begins with the submission of the application to the SIC, along with the required registration fees. Following this, the office carries out formal and substantive examinations to ensure compliance with legal requirements and to assess the invention’s novelty, inventive step and industrial applicability. If all criteria are satisfied, the patent is granted. Enforcement of patent rights may involve cease-and- desist letters and conducting mediation hearings as out-of-court remedies. Judicial remedies include fil - ing for injunctions, ordering seizures and pursuing infringement lawsuits, which enable the patent holder to seek monetary compensation for damages. 7.2 Trade Marks A trade mark identifies goods or services and can be categorised into types such as word, stylised and figurative trade marks, or even other non-traditional ones such as colour or sound marks. Protection is valid for ten years from the registration date and can be renewed indefinitely every subsequent ten years. The registration process involves filing an application with the Trade Mark Office, paying the required fees and undergoing a formal examination. Following this, the trade mark is published to allow for opposition for 30 days. Afterwards, the office conducts a substantive examination to assess the trade mark’s distinctive - ness demanding the application for clarifications on claimed products or colours. The Office then issues a resolution granting or denying the registration of the trade mark. Enforcement activities for trade marks include issu - ing cease-and-desist letters and holding mediation hearings as out-of-court remedies. Judicial remedies include filing for injunctions, seizures and infringement actions, through which the owner can seek monetary
226 CHAMBERS.COM
Powered by FlippingBook