COLOMBIA IP CHANGES
would elude technical measures to control access to copyrighted works, such as audio, video, and other works.
“ADDITIONAL EFFORTS WILL BE REQUIRED BY THE COUNTRY TO IMPROVE ACTION IN CERTAIN FIELDS COVERING RESEARCH AND DEVELOPMENT AND TECHNOLOGY PROTECTION, AND MORE EXTENDED USE OF PATENTS.”
1273 of 2009 is related to cybercrime—in force since January 5, 2009; this law added a new title to the Colombian Criminal Code (Title VII bis) called “information and data protection”. Te new title is divided in two chapters: (1) crimes that target computers and directly attack the confidentiality, integrity and availability of information systems, and (2) crimes facilitated by computer networks or devices, the primary target of which is independent of the computer network or device.
Legislation on trademarks has been amended to provide for:
• Registration of scent and sound trademarks. • Regulation of collective and certification marks.
• Abolishing mandatory registration of trademark licences.
Other steps have been taken, among them strengthening protection through the criminal laws. Legislation has been passed to criminalise some violations of IP laws, or to strengthen existing provisions by amending them, making them more encompassing and wider in coverage.
Another way of tackling trade in counterfeit goods was to issue regulations to border measures, which were already in Decision 486, but lacked the necessary instructions and implementing regulations for customs; thus, Decree 4540 of December 22, 2006 was issued regulating the matter.
Hand in hand with regulations criminalising illegal use of IP (Law 599 of 2000), other laws have been issued: Law 1266 of 2008 and Law 1581 of 2012 covering data protection. Law
www.worldipreview.com Additional protection is contemplated on
other important subjects: (i) biodiversity and traditional knowledge; and (ii) retransmission of television signals (whether terrestrial, cable, or satellite) on the Internet.
Despite the government’s efforts to pass Law 1520 of 2012 regarding protection of IP in the digital era, the law was declared unconstitutional by
(d) Reduction of the national requirements for
national television programming. Law 1520 had reduced from 50 percent to 30 percent of these requirements for weekends, and holidays.
(e) Exceptions to copyright protection, for instance use in libraries and for educational purposes, will be narrowed and made more specific.
Additional efforts will be required by the country to improve action in certain fields covering research and development and technology protection, more
extended use of patents,
improving the quality of patents, grants for R&D, and related matters.
In conclusion, protection for IP in Colombia has improved substantially, leaving relatively minor gaps as compared with the OECD’s desired level of
protection. Upgraded
protection in trademarks, for copyrighted works in a digital economy, stronger protection for patents and test data, and tougher penalties for piracy and counterfeiting have contributed to this purpose.
Ernesto Cavelier is a partner at Posse Herrera Ruiz. He can be contacted at:
ernesto.cavelier@
phrlegal.com
the Constitutional
Court on procedural grounds, due to having received approval in the wrong Congressional committees before passing to the Senate. Therefore, the government is likely submit to Congress another bill covering the aspects of Law 1520, as follows:
(a) Increased protection for copyrighted works when owned by legal entities. Protection at present is for 50 years, Law 1520 had increased it to 70 years.
(b) Prohibition of retransmission of television or radio signals.
(c) Increased civil, administrative and criminal liability for those who infringe copyright. For instance, among other measures, Law 1520 had imposed stringent penalties to those who
Ernesto Cavelier heads the Intellectual Property practice area of Posse, Herrera & Ruiz. He specialises in IP licensing and portfolio management, and also works in M&As, foreign investment and competition law.
He has over 35 years of experience representing foreign and domestic clients in different sectors. Recent transactions led by him include acquisitions in the retail business for a British company and in the advertising sector for a French company, advising an oil services industry in contractual matters, corporate advice in the insurance brokerage sector, and complex technology license agreements.
World Intellectual Property Review September/October 2013 131
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