COLOMBIA Law and Practice Contributed by: Jaime Trujillo, Juan David Velasco, Natalia Ponce de León and Angelica Navarro, Baker McKenzie S.A.S.
hearings as out-of-court remedies. Judicial rem - edies include filing for injunctions, ordering sei - zures and pursuing infringement lawsuits, which enable the patent holder to seek monetary com - pensation 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 oth - er 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 appli - cation with the Trade Mark Office, paying the required fees and undergoing a formal examina - tion. Following this, the trade mark is published to allow for opposition. Afterwards, the office conducts a substantive examination to assess the trade mark’s distinctiveness. The Office then issues a resolution granting or denying the reg - istration of the trade mark. Enforcement activities for trade marks include issuing 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 compen - sation for damages. 7.3 Industrial Design Industrial design protects the ornamental aspects of a product, focusing on its aesthetic appearance rather than its technical or function - al 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 exami - nation and publication of the design for oppo - sition 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. Judicial remedies include filing for injunctions, seizures and infringement actions, allowing the owner to seek monetary compen - sation for damages incurred due to the infringe - ment. 7.4 Copyright Copyright protects the original expression of artistic, scientific or literary works. It encom - passes both moral 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. In Colombia, registering works with the National Copyright 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 conduct - ing mediation hearings as out-of-court remedies. Judicial options include filing for injunctions, seizures and infringement actions, allowing the owner to seek monetary compensation for dam - ages caused by the infringement.
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