The DTI project is founded on the core conviction that digital trade thrives in transparent environments, where regulatory measures support integration and where increased transparency on digital trade restrictions enhances policy effectiveness.
Database
COLOMBIA
Reported in 2022, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Reported requirement for commercial presence in data processing and information services
It is reported that the provision of data processing and information services in Colombia necessitates the establishment of a formal commercial presence.
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Local presence requirement for patent applications
It is reported that patent applicants who are not resident in Colombia must appoint an agent in the country by submitting a simple power of attorney. Any attorney registered in Colombia may act as the appointed agent.
Since January 1982, last amended in May 2023 Since December 1993
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 23 of 1982 on Copyright (Ley No. 23 de 1982 Sobre Derechos de Autor)
Andean Decision No. 351 Common Regime on Copyright and Related Rights (Decisión Andina No. 351. Régimen Común sobre Derecho de Autor y Derechos Conexos)
Colombia has a copyright regime under Law No. 23. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 31-44 list the exceptions, which include the use of literary or artistic works or parts thereof as illustrations in works intended for educational purposes; and the reproduction, distribution, and communication to the public of news or other information relating to facts or events that have been publicly disseminated by the press or by broadcasting; among others.
Moreover, Colombia is a member of the Andean Community of Nations and is subject to Decision 351, issued in 1993. Art. 22 of the Decision sets forth a list of mandatory exceptions in the internal market but also allows the adoption of additional exceptions in the domestic law of members, as long as they comply with the international standards of the so-called three-step test.
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