Creative Voice
por luisa amortegui sanchez“Have you ever had an idea so good that you felt it could become a song, a brand, a design, an app, or even an entire business?
Well, in Colombia, what is born from your creativity doesn't just remain a passing thought: it can become a legally protected asset.
That is precisely what intellectual property is. And we are not talking about a minor issue. Article 61 of the Political Constitution establishes that the State will protect intellectual property for the time and through the formalities established by law. In other words, in Colombia, creating doesn't just have value: it also has constitutional backing.”
“Now, there is something very important you must be clear about: the law does not protect ideas on their own. What it protects is the way those ideas are expressed. That is why an idea in your head is not enough; it has to become something concrete: a book, a song, a photograph, a script, an audiovisual work, software, or a trademark. In fact, the National Copyright Directorate itself explains that ideas are not protected, but a script or screenplay is, once it has been put into writing.”
“In Colombia, intellectual property operates mainly in two major fields: copyright and industrial property.
Under copyright, protection falls on literary, artistic, and scientific works. Law 23 of 1982 and Andean Decision 351 are the pillars in this area. This includes, for example, books, music, photographs, videos, and also software. And there is a fundamental rule: the right is born from the very moment of creation. That is to say, it isn't born because you register the work, but because you created it.”
“Furthermore, the author has two types of rights:
Moral rights, which protect their personal connection to the work—such as being recognized as the author and opposing any distortion.
Economic rights (or patrimonial rights), which allow them to authorize, prohibit, or economically exploit that creation.
Moral rights are inalienable, unwaivable, and nontransferable; while economic rights, in Colombia, generally last for the author's entire life plus eighty years after their death.”
“And here is a distinction that can make you sound like an expert: in copyright, registration is not constitutive, but declarative. This means that it doesn't create the right, but it does serve as a highly important piece of evidence to prove it.”
“On the other hand, there is industrial property, which protects creations with market applications: trademarks, patents, utility models, and industrial designs. Here, the main authority in Colombia is the Superintendence of Industry and Commerce (SIC). And here, the logic does change: for example, Andean Decision 486, in its Article 154, establishes that the exclusive right to a trademark is acquired through registration. In other words: if you want exclusivity over your brand, it's not enough to just invent it; you have to register it.”
“That same Decision 486 also sets the periods of protection:
Patent of invention: 20 years.
Trademark, utility model, and industrial design: 10 years (though with possible variations).
But what happens when these years pass? In the case of a trademark, it can be continuously renewed indefinitely. However, patents of invention, utility models, and industrial designs fall into the public domain once this period expires. This means that at that point, any person, competitor, or company in general can use them without paying any royalties.
That is why intellectual property protects not only creativity, but also investment, competitiveness, and economic value.”
([Closing | slow the pace slightly | authoritative tone] esto ya es el cierre o conclusión amor, este paréntesis no lo dices, asi que continua con el In conclusion)
“In conclusion, intellectual property is the legal tool that allows us to recognize, protect, and enforce what is born from human talent. In a country like Colombia, where creativity, entrepreneurship, and innovation are gaining more and more strength, protecting what you create is not a luxury or a mere formality: it is a strategic decision.
Because a good idea can open doors for you, but a protected creation can give you recognition, control, and a future.”
