Registration in the IP owner directory submitted before the Colombian tax and customs authority is a common practice by IP owners who wish to apply for beneﬁts found in Decree 1165 of 2019 and Decree 360 of 2021, current regulatory framework for said request.
According to the Decree, article 723 holds the possibility of creating an IP owner directory by Colombia’s Customs Authority, thus facilitating communications.
For this reason, owners may apply for registration in the directory by submitting a formal request before the sub-directorate of foreign trade management.
Requirements for said application are set forth in article 724 therein. Among these requirements are:
The description of goods susceptible of copyright infringement
Documents proving incorporation and representation
Authorized importer information among others (…)
However, the registration must be renewed periodically in January every two years.
What use does
this directory have?
Article 725 illustrates how the directory:
Will provide a knowledge base for all tax authority departments.
When any given ofﬁcer, when fullﬁlling his or her duties, runs into merchandise where there might be an indication of piracy or trademark violations, according to the knowledge that he or she may have thereof, shall inform the interested party found in the directory and request him/her to appear, under the terms deﬁned by the Special Administrative Unit of the Customs Authority (DIAN), with the purpose of examining all goods;
If the existence of possible fraud is conﬁrmed, request the suspension the customs operation within the following two working days; otherwise, the customs operation would continue.
This tool proves of great value given it provides owners certain insurance of control over the customs authority.
It is the customs authority’s duty to communicate directly with the interested party when any irregular activity is found, and the tool even gives the owner the power to suspend all customs actions when deemed necessary.
The directory thus lightens the owner’s burden a tad, given they are not the ones who must investigate and determine the existence of possible fraud, but instead it is the authority who can carry out the investigation ex ofﬁcio, making the results available to the owner.
However, for greater efﬁciency, the owner is solely accountable for making the request for suspension of the import or export operation within the following two days, in case of fraud conﬁrmation.
It is thus highly recommended to submit a request before the Colombian Customs Authority to be part of this directory.
Having all available instruments that promote IP protection will always prove to be of utmost importance.