An IP strategy for Colombia works best when it is designed as the first step into the whole Andean Community. Colombia shares a common industrial property regime, Decision 486, with Bolivia, Ecuador and Peru; it is the only one of the four in the Madrid System; and its office, the Superintendence of Industry and Commerce (SIC), both grants rights and decides infringement cases as a court. For European and African companies entering the Andean region, that combination makes Colombia the natural place to start.
Key takeaways
- The Andean Community (Bolivia, Colombia, Ecuador and Peru) applies one industrial property regime, Decision 486, but registration is still national, country by country.
- Colombia has been in the Madrid Protocol since 29 August 2012; Peru, Ecuador and Bolivia are not members, so they need national filings.
- A mark used in any Andean country is protected against non-use cancellation in the others, and an earlier mark in one country can ground an opposition in another.
- The SIC hears infringement and unfair competition cases with judicial powers, alongside its role as registry.
- .CO was the country-code domain with the most WIPO disputes in 2025, so domain strategy belongs in any Colombian plan.
Why is Colombia the gateway to the Andean Community?
The Andean Community is made up of Bolivia, Colombia, Ecuador and Peru. Its Decision 486 of 14 September 2000 sets common rules on patents, designs, trade marks, opposition, cancellation and licences, applied by each national office. It does not create a regional title: you still file in each country. What it does create is a set of cross-border effects that reward a coordinated approach:
- Andean opposition (Art. 147). The owner of an earlier mark in any member country, or the first applicant there, may oppose a confusingly similar application in another member country, provided it shows real interest in that market by filing its own application when opposing.
- Use anywhere counts (Arts. 165 and 166). A mark can be cancelled for non-use only if it has not been used in at least one member country during the three years before the action. Products exported from a member country also count as use.
- Priority (Art. 9). A first filing in Colombia gives a Paris Convention priority right for filings in the other members and elsewhere.
Of the four, Colombia is also the one whose treaty memberships make it easiest to reach from Europe, as the next table shows.
Treaty map: how to reach each Andean country
| Country | Madrid (trade marks) | PCT (patents) | Hague (designs) |
|---|---|---|---|
| Colombia | Yes, since 29 August 2012 | Yes, since 28 February 2001 | No |
| Peru | No | Yes, since 6 June 2009 | No |
| Ecuador | No | Yes, since 7 May 2001 | No |
| Bolivia | No | No | No |
Data from WIPO Lex lists of contracting parties for the Madrid Protocol, the PCT and the Hague Agreement. The practical consequence: an international registration can cover Colombia, but Peru, Ecuador and Bolivia need national trade mark applications, ideally filed within the six-month priority window. Designs need national filings in all four.
IP strategy in Colombia: filing with the SIC
Trade marks
Two routes are open. A Madrid designation is filed through your office of origin; according to WIPO’s table of declarations, Colombia applies an 18-month refusal period, refusals based on oppositions may come later, and it charges an individual fee. A national application is filed directly with the SIC through a local representative. In both cases, once the application is published, third parties have 30 days to oppose, and the opponent may ask for a single further 30-day period to submit evidence (Decision 486, Art. 146). A registration lasts 10 years from grant and can be renewed for successive 10-year periods, with a six-month grace period after expiry (Arts. 152 and 153).
Patents and designs
Patents usually enter Colombia through the PCT national phase. Because Colombia is not party to the Hague Agreement, designs must be filed nationally, within the six-month priority period if you want to keep your European filing date.
Licences and assignments
Every licence and transfer of a mark must be registered with the national office, or it has no effect against third parties (Arts. 161 and 162). Colombia has also declared under Madrid Rule 20bis(6)(b) that a licence recorded in the International Register has no effect in its territory, so licences of international registrations must be recorded locally too.
Enforcement: the SIC as registry and as court
Colombia’s General Code of Procedure (Law 1564 of 2012), Article 24, gives the SIC judicial functions in industrial property infringement proceedings and in unfair competition cases. That competence is concurrent (a prevención): it does not exclude the ordinary courts, so a rights holder can choose to sue before a specialised authority exercising judicial powers. For a foreign company, that concentration of expertise is one of Colombia’s advantages, and it makes the quality of the Colombian registration even more important: the file the SIC granted is the file you will be enforcing.
Online, Colombia needs particular attention. The WIPO Arbitration and Mediation Center reported on 14 January 2026 that .CO was the busiest country-code domain in its 2025 caseload, ahead of .AU and .AI. Securing the brand in .co early, and monitoring it, is cheaper than recovering it later.
What this means for your business
- Treat Colombia as the anchor filing for the Andean region: file there first, then in Peru, Ecuador and Bolivia within six months, claiming priority.
- Use Madrid for Colombia only if the rest of your Madrid portfolio makes it efficient; the other three always need national filings.
- Keep evidence of use centrally: use in one member country protects the mark in all four against non-use cancellation.
- Watch Andean publications and use Article 147 oppositions against copies filed in neighbouring countries.
- Record licences and assignments in each country, including those covering international registrations.
- Register the brand in .co and include it in your domain watch.
If you want the four Andean countries handled as one plan, our cross-border IP strategy service for Latin America can sequence the filings and coordinate local correspondents in each office.
Where companies get the Andean strategy wrong
- Assuming a Madrid filing covers the region. Only Colombia is in Madrid; without national filings, Peru, Ecuador and Bolivia stay open to local registrants.
- Missing the priority window. Filing in Peru or Ecuador after six months means losing the Colombian date if someone files in between.
- Ignoring the Andean opposition. A copy filed in a neighbouring country can often be stopped by opposing on the basis of your Colombian mark, but only within 30 days of publication.
- Leaving licences unregistered. Without registration, a licence has no effect against third parties, which matters in disputes and in due diligence.
- Forgetting designs. With no Hague route, a product design not filed nationally in time is hard to protect later.
Frequently asked questions
Does a Colombian trade mark protect me in Peru and Ecuador?
No. Decision 486 is a common regime, not a regional registration, so you need a registration in each country. A Colombian mark does, however, give you two Andean advantages: you can oppose a similar application in another member country under Article 147, and use in Colombia counts against non-use cancellation of your registrations in the other members.
Can I designate Peru or Ecuador through the Madrid System?
No. Among the Andean countries, only Colombia is a party to the Madrid Protocol, since 29 August 2012. Peru, Ecuador and Bolivia require national applications, filed through local representatives. Filing them within six months of your first application lets you claim Paris Convention priority.
Who decides IP infringement cases in Colombia?
Under Article 24 of the General Code of Procedure, the SIC exercises judicial functions in industrial property infringement and unfair competition cases, so rights holders can bring these actions before it as an alternative to the ordinary courts. The choice of forum depends on the case and should be assessed with local counsel.
Can IP Global Guard manage our IP in Colombia and the Andean Community?
Yes. We design the Andean filing sequence, prepare Madrid designations through your office of origin and coordinate qualified local correspondents before the SIC and the offices of Peru, Ecuador and Bolivia, including oppositions, licence recordals and enforcement, all from a single point of contact.
How IP Global Guard can help in the Andean region
Colombia gives you a strong base; the value comes from connecting it to Peru, Ecuador and Bolivia, and to the rest of your portfolio. IP Global Guard, the IP services line of META Channel Corporation Limited, coordinates trade marks, patents, designs and domains across more than 25 jurisdictions in Europe, Latin America and Africa, with one strategy and one billing relationship; see our jurisdictions in the corridor. For the .co side, our domain name protection team can secure and monitor the names that matter.
Send us the marks and products you plan to launch in the Andean region and your timeline. We will propose the filing sequence for the four countries and coordinate it from a single point of contact. Ask our team for an Andean filing plan.
This article is general information, not legal advice, and does not replace advice on your specific situation.
Sources
- Andean Community, Decision 486, Common Industrial Property Regime (14 September 2000)
- Andean Community, Who we are (member countries)
- WIPO Lex, Madrid Protocol contracting parties
- WIPO Lex, PCT contracting parties
- WIPO Lex, Hague Agreement contracting parties
- WIPO, Declarations made by Madrid System members
- Senate of Colombia, Law 1564 of 2012, General Code of Procedure, Art. 24
- WIPO, 2025 record year for domain name disputes (14 January 2026)
