COLOMBIA Law and Practice Contributed by: Maria Carolina Pardo, Ciro Meza, Angélica Navarro and Carlos Ignacio Arboleda, Baker McKenzie
• two representatives of the Association of Faculties of Education; • one representative of the Colombian Associa - tion of Psychiatry; and • two representatives of the video game leagues of Colombia. There are no specific examples of the enforce - ment of this regulation in Colombia; however, the regulation does set penalties for non-com - pliance. According to Article 10 of Law 1554 of 2012, companies that fail to comply with the provisions related to the classification process, and to display the classification on the front of the packaging of the video game, will be sanc - tioned as follows: • first offence – a fine 50 times the current monthly legal minimum wage; • second offence – a fine 70 times the current monthly legal minimum wage; • third offence – a fine 100 times the current monthly legal minimum wage; and • fourth offence – cancellation of the commer - cial registry and/or operating licence. 9.3 Intellectual Property Game developers in Colombia face several com - mon IP challenges. One of the primary issues is copyright infringement, where the unauthorised copying and distribution of games can lead to significant revenue losses. Another challenge is trademark disputes, which arise when a game’s trademark is similar to an existing one, poten - tially leading to legal battles and brand confu - sion. Additionally, patent challenges can occur, particularly when unique game mechanics or technologies are involved. Developers must also safeguard trade secrets, such as algorithms and proprietary processes, to prevent misappropria - tion by competitors.
Creators have several rights to protect their IP in a virtual environment. In Colombia, copy - right laws provide protection for original works, including software and digital content, under Law 23 of 1982 and its amendments. This law grants creators exclusive rights to reproduce, distribute and display their works. Additionally, the SIC oversees the registration and enforce - ment of trademarks and patents, providing legal mechanisms to protect brand identity and tech - nological innovations. Thus, when dealing with digital and virtual assets, several key considerations for copyright protection arise. First, it is essential to ensure that all digital content, including graphics, music and code, is properly copyrighted to prevent unauthorised use. Licensing agreements should be clearly defined to specify how digital assets can be used by third parties. Additionally, crea - tors must be aware of the implications of interna - tional copyright laws, especially if their content is distributed globally. 10. Social Media 10.1 Laws and Regulations for Social Media In Colombia, there is no particular legal frame - work governing social media; however, several general key laws and regulations apply. Criminal Liability Social media administrators are often asked to take part in criminal investigations in relation to the following types of user-generated content: • false claims or accusations that another individual has committed a crime, where the poster of such content could potentially be held liable for slander and defamation;
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