COLOMBIA Trends and Developments Contributed by: Jaime Trujillo, Juan David Velasco, Natalia Ponce de León and Angelica Navarro, Baker McKenzie S.A.S.
for AI development and deployment in Colom - bia. • National AI oversight and regulatory author - ity: the Ministry of Science, Technology and Innovation will be the agency responsible for supervising and regulating the development and use of AI. • Adaptation and review: the Ministry will peri - odically review and update the law to ensure that it remains relevant in light of technologi - cal advancements. • Regulatory sandboxes: these controlled environments will allow for the testing of AI innovations under flexible regulatory condi - tions, promoting responsible experimentation. • Incentives for AI research and development: the bill seeks to implement programmes and funding to support AI research. • Protection of fundamental rights: continuous monitoring and oversight will be carried out to classify and mitigate risks, ensuring the safe development and use of AI. Since late 2024, the Colombian Congress has formed a special Bicameral Commission on Arti - ficial Intelligence to support, analyse and build consensus regarding AI-related legislative initia - tives. The commission, established by Resolution 02 on 11 September 2024, monitors legislative proposals and assesses future initiatives. It is currently working to shape AI legislation and strengthen the regulatory framework for tech - nological development. Developments in IP Matters Specialised IP court has issued interpretative guidelines on injunction requests The specialised IP court has issued Guideline 009, establishing interpretative criteria for the
application of precautionary measures in indus - trial property matters. Although grounded in both the Colombian General Code of Procedure and the Andean Community’s Decision 486 of 2000, the guideline integrates these frameworks under the principle of “indispensable comple - mentarity”, ensuring a harmonised application of supranational and domestic law. According to the guideline, precautionary meas - ures may be imposed when there is a legitimate interest, a credible threat or infringement of IP rights, and a risk that delays in judgment could undermine the effectiveness of a final ruling. The guideline also clarifies that such measures may be requested before filing a claim but will lose effect if the claim is not filed within 20 days of execution. Additionally, it outlines a non-exhaus - tive list of applicable measures and confirms that judges may act ex officio under certain condi - tions. This framework strengthens procedural clarity in protecting IP rights in Colombia. Trends in Employment and Compensation Matters Sexual harassment in the workplace A new sexual harassment regulation was recent - ly issued in Colombia. This law requires employ - ers to update their employment agreements and workplace regulations, and to develop and implement formal corporate policies – such as a sexual harassment policy and protocols for han - dling related complaints. In practice, employers are going beyond the minimum requirements established by this new law and are reassess- ing the effectiveness of their internal reporting mechanisms, including speak-up lines and com - plaint procedures. Employers are also evaluating the robustness of their whistle-blower protec - tions and non-retaliation policies.
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