Legal Guide 2026 · Chapter 06 of 7
Intellectual Property
How to protect your trademarks, patents, industrial designs, trade secrets, copyrights, and other intellectual property assets to strategically leverage your intangible assets in Colombia.
Distinctive signs are identifiers that make it possible to distinguish products, services, business activities, or goods associated with a specific geographical origin in the marketplace. Their primary function is to identify the commercial source of goods or services and to prevent confusion among competitors.
These distinctive signs grant their owner the exclusive right to use them, as well as the authority to authorize or prohibit their use by third parties whenever such use may cause confusion or create an association in the marketplace.
In addition to distinctive signs, other forms of intellectual property have become increasingly valuable business assets, making their protection essential for companies seeking to operate, compete, and expand. Colombia offers a robust legal and institutional framework that enables businesses to protect, manage, and leverage these assets in accordance with their strategic objectives and commercial needs.
Trademarks, slogans, trade names, trade signs, and geographical indications that distinguish your business in the marketplace. These assets are protected through registration with the Colombian Superintendence of Industry and Commerce (SIC) for renewable 10-year terms.
Invention patents (20 years) and utility models (10 years) protect novel technical solutions, while industrial designs (10 years) protect the appearance of a product.
Confidential information with commercial value (such as know-how, formulas, and customer lists) that is protected without registration, provided that reasonable measures are taken to maintain its confidentiality.
Plant breeders' rights protect new plant varieties that meet the requirements of Distinctness, Uniformity, and Stability (DUS) for a period of 20 to 25 years.
Protects literary and artistic works, software, and digital content from the moment of their creation. Registration with the Colombian National Copyright Directorate (DNDA) is not mandatory but provides valuable evidence of ownership.
Registration, marketplace, and contractual monitoring to detect potential infringements at an early stage, along with administrative and judicial actions, as well as preliminary injunctions, to enforce and protect your intellectual property rights.
Intellectual property protection is territorial: a registration in Colombia does not automatically confer rights in other countries. Therefore, businesses planning to expand internationally should develop an international intellectual property protection strategy from the earliest stages of their growth.
In this chapter
Chapter 06 contents
6.1 Distinctive Signs
Trademarks, slogans, trade names, and geographical indications: definition, types, registration procedure, international protection, use, and enforcement.
6.2 New Creations
Patents, utility models, and industrial designs: definition, protection procedure, application process, international registrations, and exceptions.
6.3 Trade Secrets
Definition and scope, protection mechanisms, and the exceptions and exclusions applicable to trade secrets.
6.4 Plant Varieties
Definition, protection procedure, application process, international registrations, and exceptions applicable to plant varieties.
6.5 Copyright and Related Rights
Moral and economic rights of authors, related rights, registration before the DNDA, enforcement and defense, and intellectual property due diligence in transactions.
6.6 Intellectual Property-Related Agreements
Main types of agreements for the exploitation, assignment, and licensing of intellectual property assets.
6.7 Investor Checklist
Best practices for protecting intangible assets and conducting freedom-to-operate (FTO) analyses.
6.8 Enforcement and Monitoring
Monitoring measures, practical recommendations, and judicial actions and precautionary measures against intellectual property infringements.
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