COLOMBIA Law and Practice Contributed by: Jaime Trujillo, Juan David Velasco, Natalia Ponce de León and Angelica Navarro, Baker McKenzie S.A.S.
7.5 Others Other protected IP rights include trade secrets or unlawful and anti-competitive practices between competitors in the market where there are no IP reg - istrations or copyrights, which can be enforced via unfair competition actions. Trade secrets encompass undisclosed information usable in productive, indus - trial or commercial activities, capable of transmission to third parties. Software is safeguarded under copyright law in Colombia and follows similar procedures. Law 1581 of 2012 is the primary regulation govern - ing data protection in Colombia. It adopts a consent- based approach for the processing of personal data concerning Colombian data subjects. It covers vari - ous important matters, including: • requirements for valid consent for the processing of personal data; • special treatment and protection of sensitive per - sonal data; • rights of data subjects regarding their personal data; • transmission and transfer of personal data to third parties; • obligations imposed on data controllers and pro - cessors; and • penalties for violations of the data protection regu - lations. 8. Data Protection 8.1 Applicable Regulations Additionally, Decree 1377 of 2013 (compiled in Decree 1074 of 2015) supplements these provisions by impos - ing additional obligations related to the minimum con - tent requirements for privacy policies, notices, data transmission and transfer agreements, and specifica - tions for international data transfers. 8.2 Geographical Scope The SIC has consistently ruled that Colombian data protection laws apply to any company that processes personal data in Colombia. According to the definition of “processing” in Law 1581 of 2012 (which includes
compensation for damages of unauthorised use of registered trade marks. 7.3 Industrial Designs Industrial design protects the ornamental aspects of a product, focusing on its aesthetic appearance rather than its technical or functional features. The protection for industrial designs lasts for ten years from the filing date and cannot be renewed. The registration process for industrial designs begins with filing an application and paying the required fees. This is followed by a formal examination and publica - tion of the design for opposition purposes. After the opposition period, a substantive examination takes place, which results in a resolution either granting or denying the registration of the design. Enforcement of industrial design rights may involve sending cease-and-desist letters and conducting mediation hearings as out-of-court remedies. Judi - cial remedies include filing for injunctions, seizures and infringement actions, allowing the owner to seek monetary compensation for damages incurred due to Copyright protects the original expression of artistic, scientific or literary works. It encompasses both mor - al and economic rights, with moral rights protected indefinitely and economic rights protected for the lifetime of the author plus 80 years from the work’s creation. the infringement. 7.4 Copyright In Colombia, registering works with the National Cop - yright Office ( Dirección Nacional de Derecho de Autor ) has declaratory but not constitutive effects. However, it is advisable to register works to establish evidence of ownership. Enforcement of copyright involves activities such as cease-and-desist letters and conducting mediation hearings as out-of-court remedies. Judicial options include filing for injunctions, seizures and infringement actions, allowing the owner to seek monetary com - pensation for damages caused by the infringement.
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