Intellectual Property in Colombia: Types, Protection and Registration (2026)

Highlights

industrial property and copyright
Intellectual property in Colombia
SIC
administers trademarks, patents and industrial designs
the DNDA protects works and software
~$1,100,000 COP
Trademark registration
protects for 10 renewable years
20 years
Patents
(invention) or 10 years (utility model)
Paris Convention
Colombia is a member
and the Andean Community's Decision 486

Intellectual property in Colombia covers two main branches: industrial property (trademarks, patents, industrial designs, trade secrets) and copyright (literary and artistic works, software). Each branch has its own registration authority, its own protection terms, and its own legal defense mechanisms.

This guide organizes the main types of intellectual property that exist in Colombia, explains how to protect each one, the related costs, how long protection lasts, and what to do if someone violates your rights. If your company operates in Colombia or plans to enter the Colombian market, understanding these differences is critical to protecting your intangible assets. For companies that need specialized intellectual property services in Colombia, the support of an expert firm speeds up registration and reduces the risk of infringement.

The two main branches of intellectual property

Industrial property

It covers creations that have industrial or commercial application, such as trademarks, invention patents, utility models, industrial designs, trade names and commercial signs, denominations of origin, and trade secrets. The authority responsible for granting rights through registration is the Superintendency of Industry and Commerce (SIC), and the base regulation is the Andean Community’s Decision 486 of 2000.

It protects works of the human intellect expressed in original form: literary, musical, cinematographic, pictorial, sculptural, and photographic works, software, and databases. The deposit is made before the Dirección Nacional de Derecho de Autor (DNDA), Colombia’s copyright office. Unlike industrial property, copyright arises with the creation of the work, without the need for registration. The deposit is therefore declarative (it proves existence) but not constitutive (it does not create the right).


Types of industrial property and their protection

Trademarks

Signs that distinguish products or services in the market. They are registered before the SIC by classes of the Nice Classification. The registration process can take roughly 8 to 12 months. Term: 10 years, renewable indefinitely. They are the most common intellectual property asset and often the most valuable one for companies.

SPI Americas office with a world map showing international trademark protection coverage

Invention patents

They protect new inventions that involve an inventive step and have industrial application. Term: 20 years, non-renewable, counted from the filing date. Once the term ends, the right passes into the public domain. The process is complex and can take 3 to 5 years before the SIC. Colombia granted 432 patents in 2024, according to SIC data, a relatively low number compared with countries like Mexico (1,200+) or Brazil (4,000+), which reflects both the complexity of the procedure and the growth opportunity for innovative companies.

Utility models

They protect functional improvements to existing objects and/or products that do not reach the inventive step required for a patent. Term: 10 years, non-renewable. Once the term ends, the right passes into the public domain. They are faster and cheaper to obtain than patents, and particularly useful for small and medium-sized companies that develop incremental improvements to existing products.

Industrial designs

They protect the novel aesthetic appearance of a product (shape, texture, color, materials). They do not protect functionality, only the visual aspect. Term: 10 years, non-renewable. Once the term ends, the right passes into the public domain. It is the right tool for protecting the design of packaging, furniture, appliances, or any product where aesthetics are a market differentiator.

Trade secrets

Information with commercial value that is not publicly known and over which its holder has adopted reasonable protection measures. Unlike the other categories, trade secrets are not registered. Their protection depends on the company proving that it took concrete measures to keep the information confidential: confidentiality agreements, restricted-access protocols, documented internal policies.


Works are registered online through the platform of the Dirección Nacional de Derecho de Autor. The protection terms in Colombia are:

For natural persons: the author’s life plus 80 years after their death. For anonymous works or works of legal entities: 70 years from first publication. For software: 70 years from first publication.

A common case in Colombia is software protection. Technology companies can deposit their source code before the DNDA as a literary work, which gives them additional evidence that complements protection alongside contractual agreements with employees and clients.


How much it costs to protect intellectual property in Colombia

Costs vary significantly depending on the type of protection. Trademark registration before the SIC costs approximately $1,300,000 COP per class. A patent application can cost roughly $1,800,000 to $2,200,000 COP in official fees, plus the industrial property agent’s fees and the costs of the prior art search. The copyright deposit before the DNDA has no official fees, meaning it is free.

Professional fees make up the largest part of the total cost for patents and trademarks. An attorney specialized in intellectual property charges between $1,500,000 and $15,000,000 COP depending on the complexity of the case and the type of protection requested.


What to do if your intellectual property is infringed?

The courses of action depend on the type of right that has been violated:

SPI Americas office reception with a Colombian flag symbolizing nationwide service

Industrial property

With the support of SPI Américas, it is possible to file a lawsuit before the SIC. For trademarks, the SIC can order the cessation of use of the infringing sign and compensation for damages. For patents, it can request urgent precautionary measures (seizure of infringing products) while the main proceeding is resolved. These processes can take roughly 12 to 36 months.

With the support of SPI Américas, it is possible to file a lawsuit before the DNDA. If it constitutes a criminal offense (Ley 599 de 2000, Colombia’s Criminal Code, articles 270-272), you can file a complaint before the Fiscalía General de la Nación (Colombia’s Attorney General’s Office).


Industrial property and international trade

If your company exports or imports products, intellectual property protection has additional dimensions. Colombia is a member of the World Intellectual Property Organization (WIPO), the Paris Convention, the Madrid Protocol (for international trademarks), and the Patent Cooperation Treaty (PCT). This means you can use the international systems to extend or protect your trademarks and patents in multiple countries with coordinated applications.

In addition, the DIAN can detain at the border goods suspected of infringing intellectual property rights (border measures), a particularly useful tool for combating the import of counterfeit or pirated products.


Next step

SPI Américas is a legal consulting firm specialized in intellectual property, regulatory affairs, and corporate law. If you need to protect your intangible assets in Colombia or across multiple jurisdictions, our team can design a protection strategy tailored to your operation. Contact us at [email protected] or visit spiamericas.com.

Frequently asked questions

Do I need to register my trademark in Colombia to have protection?

Yes. For trademarks the registration is constitutive, meaning the right arises with registration, not with use. Without registration before the SIC, you have no legal protection over your trademark in Colombia.

Can I patent an app or an algorithm in Colombia?

Software as such is not patentable in Colombia (Decision 486, Art. 15). However, if the software is part of an invention that solves a technical problem in a novel way, the system as a whole could be patentable. The source code can indeed be registered as a literary work before the DNDA.

What is the difference between a trademark and a trade name?

A trademark identifies products or services; a trade name identifies the company as such. A single business can have a trade name that differs from its trademarks. A trade name is protected through duly proven use, not necessarily through registration, although registration before the SIC provides greater legal certainty.

How long does a patent last in Colombia?

20 years from the filing date, with no possibility of renewal. Once it expires, the invention passes into the public domain.

Contact

Need to protect your intellectual property?

At SPI Américas we are intellectual property specialists, advising on trademark registration, patents and copyright before the SIC and the DNDA. Contact us for personalized advice.

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