COLOMBIA
Since November 2016
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Resolution CRC No. 5,050 (Resolución No. 5050 Por la cual de compilan las Resoluciones de Carácter General vigentes expedidas por la Comisión de Regulación de Comunicaciones)
According to Title IV of Resolution CRC 5050, there is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
COLOMBIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Colombia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal
COLOMBIA
Reported in 2018, last reported in 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Concerns have been reported about copyright online. High levels of digital piracy persist, and Colombia has not curtailed the number of free-to-air devices, community antennas, and unlicensed Internet Protocol Television (IPTV) services that permit the retransmission of otherwise-licensed content to a large number of non-subscribers. Within marketplaces, there is a high amount of illegal streaming websites and there is a high amount of visits to illegal websites for streaming live broadcasting. In addition, it is reported that the rate of unlicensed software installation in the country was 48% in 2017 (below the 52% rate of the Latin American countries) for an estimated commercial value of USD 241 million.
Coverage Live broadcasting
Sources
- https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://www.alianza.tv/files/PR_AlianzaNetNames_210116.FINALVERSION.pdf
- https://cet.la/estudios/cet-la/dimension-e-impacto-de-la-pirateria-online-de-contenidos-audiovisuales-en-america-latina/
- https://www.americasquarterly.org/article/how-latin-americas-governments-compare-on-anti-piracy/
- https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
- Show more...
COLOMBIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Colombia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
COLOMBIA
Since February 2001
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Colombia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
COLOMBIA
Since January 1982, last amended in July 2018
Since December 1993
Since December 1993
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 23 About Copyright (Ley No. 23 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)
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 the Law No. 23. However, the exceptions does 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; 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.
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.
Coverage Horizontal
COLOMBIA
Since June 1971, last amended in January 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
Commerce Code (Código de Comercio)
Art. 471 of the Commerce Code stipulates that for a foreign company to engage in "permanent" business in Colombia, it must set up a branch domiciled in the country. According to Art. 474 of the Code, activities deemed "permanent" include:
- Opening commercial establishments or business offices;
- Intervening as a contractor of works or of provision of services;
- Obtaining a concession from the Colombian State (or if the State has formally given up rights through another title), or participating in some way in the exploitation of a concession;
- The fact that associate assemblies, board of directors, or administration of a foreign company, are operating in the national territory.
- Opening commercial establishments or business offices;
- Intervening as a contractor of works or of provision of services;
- Obtaining a concession from the Colombian State (or if the State has formally given up rights through another title), or participating in some way in the exploitation of a concession;
- The fact that associate assemblies, board of directors, or administration of a foreign company, are operating in the national territory.
Coverage Horizontal
Sources
- http://www.secretariasenado.gov.co/senado/basedoc/codigo_comercio.html
- https://revistaicdt.icdt.co/wp-content/Revista%2079/PUB_ICDT_AR_CABRERA%20CABRERA%20Omar%20Sebastian_El%20concepto%20de%20establecimiento%20permanente%20en%20el%20sistema%20tributario%20colombiano_Rev...
- https://resourcehub.bakermckenzie.com/en/resources/public-procurement-world/public-procurement/colombia/topics/1-the-laws
- https://trade.ec.europa.eu/access-to-markets/en/barriers/details?isSps=false&barrier_id=13162
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COLOMBIA
Since June 1971, last amended in January 2022
Since July 2009, last amended in July 2021
Since July 2009, last amended in July 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Commerce Code (Código de Comercio)
Law No. 1,341 Issues principles and concepts on the information society and the organization of Information and Communication Technologies (ICT), creates the National Spectrum Agency [...] (Ley No. 1341 Por la cual se definen principios y conceptos sobre la sociedad de la información y la organización de las Tecnologías de la Información y las Comunicaciones (TIC), se crea la Agencia Nacional de Espectro [...])
Law No. 1,341 Issues principles and concepts on the information society and the organization of Information and Communication Technologies (ICT), creates the National Spectrum Agency [...] (Ley No. 1341 Por la cual se definen principios y conceptos sobre la sociedad de la información y la organización de las Tecnologías de la Información y las Comunicaciones (TIC), se crea la Agencia Nacional de Espectro [...])
If the purpose of the company is to exploit or manage a public service, it must appoint a legal representative who must be a Colombian citizen (Arts. 473 and 472 of the Commerce Code). This is the case for telecommunication providers since the provision of networks and telecommunication services is deemed a public service (Art. 10 of Law No. 1,341).
Coverage Telecommunications sector
COLOMBIA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Colombia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 1996.
Coverage Horizontal
COLOMBIA
Since July 2000, last amended in December 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 590 Law No. 590 By which provisions are issued to promote the development of micro, small and medium enterprises (Ley No. 590 Por la cual se dictan disposiciones para promover el desarrollo de las micro, pequeñas y medianas empresa)
Art. 12.5 (Chapter III) of Law No. 590 states that micro, small and medium enterprises (MSMEs) are preferred under equal conditions (price, quality, capacity of supply, and service) in public tenders.
Coverage Horizontal
COLOMBIA
Since July 2003
Since October 1993, last amended in January 2022
Since October 1993, last amended in January 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law No. 816 Through which the national industry is supported through public procurement (Ley No. 816 Por medio de la cual se apoya a la industria nacional a través de la contratación pública)
Law No. 80 General Contracting Statute of the Public Administration (Ley No. 80 Estatuto General de Contratación de la Administración Pública)
Law No. 80 General Contracting Statute of the Public Administration (Ley No. 80 Estatuto General de Contratación de la Administración Pública)
Law No. 816 establishes preference margins to promote domestic goods and services and requires State entities (except residential public utility service providers) to set out the relevant preferences in the procurement documents. Art. 2 states that the preference margin is between 10% and 20% of the total score for tenders of Colombian goods and services, and between 5% and 15% for tenders for foreign goods and services incorporating Colombian goods and services components.
In addition, the Government of Colombia applies preference margins and criteria for breaking tie bids to favor national companies. Arts. 20 and 21 of Law No. 80 state that, in equal conditions, national goods or services are preferred.
In addition, the Government of Colombia applies preference margins and criteria for breaking tie bids to favor national companies. Arts. 20 and 21 of Law No. 80 state that, in equal conditions, national goods or services are preferred.
Coverage Horizontal
Sources
- https://www.funcionpublica.gov.co/eva/gestornormativo/norma.php?i=8788
- https://www.legal500.com/guides/chapter/colombia-public-procurement/
- http://www.secretariasenado.gov.co/senado/basedoc/ley_0080_1993.html
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S372R1.pdf&Open=True
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COLOMBIA
Reported in 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Complaints on lack of transparency in public procurement
There have been frequent complaints about the lack of transparency and rule changes during the award of major government contracts. It has been reported that, despite Law No. 80, transparency, fairness, and truly competitive bidding conditions in many tenders remain uncertain. The Colombian government is also resorting to auctions for the purchase of high-tech or complex equipment. These factors continue to be significant market access barriers for some companies interested in public sector contracts.
Coverage Horizontal
COLOMBIA
Since March 2012
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Colombia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
COLOMBIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.11%
Coverage rate of zero-tariffs on ICT goods (%)
82.47%
Coverage: Digital goods
CHILE
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Chile has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal