Colombian Commercial Code, From: Art. 534 By: Art. 571

Decree 410 of 1971

Book III

Of Commercial Property

Title II

Industrial Property

Chapter I

New Creations

Section I

Patents

* In this Title, relating to industrial property is applied preferably Decision 344 of 1993 of the Cartagena Agreement Commission, partially regulated by Decree 117 of 1994. *

Chapter I

New Creations

Section I

Patents

Article 534 .- Surrogate. Decision 344 of 1993.
Article 535 .- Surrogate. Decision 344 of 1993.
Article 536 .- Surrogate. Decision 344 of 1993.
Article 537 .- Surrogate. Decision 344 of 1993.
Article 538 .- Surrogate. Decision 344 of 1993.
Article 539 .- Unless otherwise provided, the invention made by the employee or agent hired to investigate belongs to the employer or principal.
The same rule applies when the worker is not hired to investigate, if the invention is performed using data or means known or used because of the work performed. In this case the worker is entitled to compensation to be fixed according to the amount of wages, the importance of the invention, the benefits to the employer or other similar factors.
In the absence of agreement between the parties, the judge shall fix the amount of compensation.
Article 540 .- Surrogate. Decision 344 of 1993.

Article 541 .- Surrogate. Decision 344 of 1993.

Article 542 .- Surrogate. Decision 344 of 1993.

Article 543 .- Modified. Decree 1190 of 1978. The patent application shall be submitted to the Industrial Property Office and shall contain: 

1. Repealed. Decree 1190 of 1978.
2. Repealed. Decree 1190 of 1978.
3. A complete description of the invention, accompanied by drawings, if applicable, and an indication of the class to which the invention pertains, and 
4. Repealed. Decree 1190 of 1978.

Paragraph 1 .- If the applicant resides outside the country will appoint a representative in Bogota with authority to receive notifications and out of court appointed attorneys. Also indicate the address of that representative.

Paragraph 2 .- Simply apply for and obtain patents in Colombia does not imply that foreign applicants have permanent businesses in the country.

Article 544 .- Surrogate. Decision 344 of 1993. 

Article 545 .- Surrogate. Decision 344 of 1993.

Article 546 .- Surrogate. Decision 344 of 1993.

Article 547 .- Surrogate. Decision 344 of 1993.

Article 548 .- Surrogate. Decision 344 of 1993.

Article 549 .- Surrogate. Decision 344 of 1993.

Article 550.- Once granted the title and numbered, the IPO order to publish the feature of the invention claim. 

Any person may examine and obtain patents, at its expense, copies thereof.

Article 551 .- Surrogate. Decision 344 of 1993.

Article 552 .- Surrogate. Decision 344 of 1993.

Article 553 .- Surrogate. Decision 344 of 1993.

Article 554 .- Unless special agreement between the parties, the community on a patent application shall be governed by the following rules:

1. Each one of the community may exploit the invention and prosecute counterfeiting;
2. Only with the consent of the other parties, or authorized by the civil courts, by which it will process pending incident may be granted operating license to third parties, and
3. Each community member may transfer their share, but others have a preferential right to acquire, which may exercise within three months of notification of the intention to give it up.

A lack of agreement on the price it will be fixed by the civil judge, involving experts.

Article 555 .- Repealed. Decision 344 of 1993.

Article 556 .- Unless otherwise provided, the license contract is governed by the following rules:

1. Not preclude the right to grant other or that the owner using the invention itself;
2. The licensee is entitled to exploit the invention by the term of the patent throughout the country and all its applications, and
3. The licensee can not transfer it to any third party or is authorized to grant sublicenses.

Article 557 .- Will be void clauses that impose a contractual license to the licensee limitations on the commercial or industrial, are not derived from the rights conferred by the patent.

Not be regarded as limitations:

1. Those relating to the extension of the object of the patent or the duration of the license, and
2. Which hinder the marketing of the product when it does not qualify on quality.

Article 558 .- Surrogate. Decision 344 of 1993.

Article 559 .- Surrogate. Decision 344 of 1993.

Article 560 .- Surrogate. Decision 344 of 1993.

Article 561 .- Surrogate. Decision 344 of 1993.

Article 562 .- Surrogate. Decision 344 of 1993.

Article 563 .- Surrogate. Decision 344 of 1993.

Article 564 .- The patent owner and the beneficiary of a license may be exercised jointly or separately the legal actions that may be the case on the rights conferred by the patent.

When demand is initiated by the licensee must be notified personally to the owner of the patent.

Article 565 .- Definitions apply social interest or public utility patents related to public health or national defense. Expropriation shall be ordered, if necessary, by the respective ministry.

Article 566 .- The patent holder may at any time waive her or one or more claims.

The waiver shall be in writing filed with the IPO. If there is a license or a tax, that will only take effect when the copyright holders consent.

Article 567 .- The patent is invalid if the invention was not patentable under the provisions of Articles 534 to 538 or if the description did not meet the requirement of Article 545. If the patent is annulled in part, revocation shall act as limiting the claims. The suit may be instituted by the Attorney General or any person.

In signing the statement is communicated to the IPO.

The jurisdiction of the action for annulment shall be the State Council.

Article 568 .- The holder of a patent or a licensee may request the judge to take the necessary precautionary measures to avoid violating the rights guaranteed to the patentee.

The actor together with the application summarily elements that prove the existence of the encroachment, in its request the manner intended to prevent the occurrence of such events, and provide the security to bring it to ensure compensation for the damages that can be cause the alleged usurper or third parties.

Precautionary measures may include forcing the usurper to provide security to ensure that they refrain from performing the acts for which has been denounced, in the confiscation of the goods produced in violation of the patent and make a ban on propaganda in the kidnapping or items of machinery used to manufacture the items which infringe the patent or any other equivalent.

Police authorities will collaborate for the effective implementation of the measures enacted.

Article 569 .- The decision to order precautionary measures may be appealed in the devolution effect, which negates, in the suspension. However, the appeal of the ruling that ordered the precautionary measures may be granted suspensive effect, if the alleged offender gives a bond whose nature and amount shall be equal to that provided by the actor, to ensure the injury caused to it.

Article 570 .- The alleged infringer must file suit in court to prove the legality of his action within four months from the date of the decree ordering the precautionary measures. If not done right will expire.

If the plaintiff provides evidence of conduct, the judge lifted the precautionary measures and condemn the defendant to pay the damages caused.

Article 571 .- The holder of a patent or license may file criminal charges or attempting to claim for the damage caused by the usurpation, without applying the precautionary measures they had been taken or withheld.