On June 29, 2011, the Colombian Congress issued Law 1455, by
means of which it approved the "Madrid Protocol concerning the
Madrid Agreement regarding the international registration of
trademarks", adopted in Madrid, Spain, on June 27, 1989 and
modified on October 3, 2006 and on November 12, 2007.
This Protocol, along with the "Madrid Agreement", is
part of the "Madrid System", which establishes an
international registration scheme for trademarks. The Madrid System
was established on 1891 and is administered by the World
Intellectual Property Organization (WIPO).
At the moment, Law 1455 is being subject to control by the
Constitutional Court that is in charge of analyzing its
constitutionality. Once said Court issues a ruling, Law 1455 should
be deposited before WIPO for ratification.
Once Law 1455 is ratified, Colombia will officially be part of
the Madrid Protocol and, consequently, it will be one of the more
than eighty countries that have ratified this Protocol. Those
interested to obtain the registration of their trademark in several
countries will be able to do it through the International
The Superintendence of Industry and Trade is currently working
on the implementation of the Madrid Protocol through the
institutional strengthening as well as through the adaptation of
the concerning laws, in order to promote and raise the awareness in
the use of this System.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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As you already know, for the allowance of pharmaceutical
patents, the Brazilian IP Law currently requires the prior consent
from ANVISA (Brazilian Health Surveillance Agency –
equivalent to American FDA) along with the usual examination from
The Colombian Patent Office, in an effort to improve their services and to increase the number of patent applications from domestic applicants has carried out different actions that are of interest to businesses and/or individuals seeking to obtain patent protection in Colombia.
Please be informed that the devaluation of 59% on the exchange rate used to calculate the official fees for foreign IP owners announced by the Government on February 18 has been finally published in the Official Gazette No. 40.865.
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