Intellectual Property Law

How to Register Software Products in Colombia

By IBLS Editor

It is advisable that software producers register their products before the intellectual property office of both their domestic countries and those foreign countries where they are introducing their copyright-protected works. Registration of software in domestic intellectual property office is usually free of charge but a specific process must be followed.  Once the software is registered before the appropriate office, it enjoys copyright protection under the current laws and international agreements to which that country is signatory .This article informs on how to register software in Colombia.
 
Colombia is the fourth largest country in South America (440,000 sq. mi.) and the third most populous after Brazil and Mexico.  It is about the size of Texas, New Mexico and Arkansas combined.  Being the 4th largest country of South America and the 3rd most populous, with a population of 43,593.035 million, a literacy rate of 92.5% as 2006, a GDP of US$366.7 billion and per capita income of US$8,400, make Colombia one of the largest economies in South America.  The legal framework of Colombian intellectual property rights and copyrights is composed of national statutory laws, decrees, and international agreements

National Laws

Law 23 of 1982,
Law 44 of 1993,
Law 606 of 200, and
Law 1032 of 2006.

 Decrees

Decree 4540 DE 2006  
Decree 2041 DE 1991  
Decree 1278 DE 1996  
Decree 1360 DE 1989  
Decree 162 DE 1996  
Decree 460 DE 1995 

 International Agreements

 The Berna Convention
 The Roma Convention
 ADPIC- Legal Aspects of Intellectual Property Related to Trade
 International Treaty on Audiovisual Works
 WIPO Treaty of Performances and Phonographs
 WIPO Treaty on Copyrights 
 

The National Copyright Office (?DirecciÓn Nacional de Derecho de Autor?) is the government entity in charge of registering protected works in Colombia. Registration of software under the Colombian copyright office provides legal protection to the copyright owners, constitutes a means of publicity for the copyright work, and confers authenticity to the acts or contracts transferring or licensing that software.    

Registration of software in the National Copyright Office is a simple process that can be accomplish either electronically or by mailing the appropriate form and software information.

Registration by Mail

First, the interest party must fill out a form provided by this institution and called: ?Request to register software? (?Solicitud de InscripciÓn de Soporte LÓgico o Software?).  Information in this form must be typed or clearly and legible handwritten, cannot contain corrections or marks, and it must be signed by the copyright owner.  The original of this form must be mailed, or personally presented, together with a copy of the software and other supporting documents to the Colombian National Copyright Office.  The supporting documents may be a copy or CD describing the software and any material necessary to describe the product. 

The Colombian National Copyright Office requires that the above-mentioned form conforms to the following requirements: (i) It must be printed in legal size paper; and (ii) It must be printed in black letter.  Forms printed and submitted in color or any other paper size will be returned without being processed. 

Under the Colombian legislation, software copyright holders may delegate registration of software to third parties.  In this event, the third party must present the written document that so authorizes.   Most software copyright owners choose law firms or licensed attorneys to register their products in this country.    

Once the Request to Register Software form is mailed, the copyright office takes 15 business days to process this request if the form and supporting documents are complete.  After the 15 business days, the software owner or the third party representing him may personally receive the certificate of registration between 8:30 a.m. and 5:00 p.n., Monday through Friday, at calle 28 No. 13A-15, 17 floor, Edificio Centro de Comercio Internacional, Bogota, Colombia. This certificate may also be mailed to the interested party previous payment of shipping and handling fees.  The shipping and handling fess are as follows: Col.$5,750 (US$ 3.10) for the first Kilogram and Col$1,500 (US$0.70) for any additional Kilogram.       

Electronic Registration

As part of an e-government program, the Colombian Copyright Office is now offering electronic registration of software copyrights.   This electronic registration is a fourth-step process. First, users will be asked for personal information on the party requesting registration.  This could be the software copyright owner or any third party appointed for this purpose; Second, information about the author(s) of the software; Third, information about the software like year created, name, and type of software; Fourth, transfer of copyrights or economic rights to third parties, if applicable. 

Any person registering software under the Colombian legislation either electronically or by mail, may obtain electronic information on the status of his application by registering in the Copyright Office?s website.

Full post as published by IBLS Internet Law Blog on February 17, 2008 (boomark / email).