Back

IBLS Internet Law Digital Library

SEARCH HOME >>>  COUNTRIES/REGIONS >>>  Colombia >>>


#Title / AbstractDate
11711 - Rules, Objectives, And Procedure For The Registration Of Copyrights Under The Colombian Legislation, Including Registration Of Software
Colombian Copyright Law 44 of 1993 modified and supplemented Copyright law 23 of 1982, which had established the copyright principles in Colombia. Law 44, Chapter II, specifically addressed the registration of copyrights and the benefits conferred by such registration. Following is a summary of applicable principles to copyrights’ registration under Law 44/93 and Law 23/82. This writing concentrates on, works or acts that may and must be registered, benefits conferred by the registration, the legal deposit, and the registration procedure.

The following questions have been addressed in this article:

What are the requirements and procedure to register copyrights under the Colombian Legislation?
What is the legal support for the copyright protection of software and other digital works?

IBLS Editorial Board
Staff Attorney

View details...

10/1/2008 8:12:55 PM
21703 - General Rules Of Colombian Copyright Law 23 Of 1982
Different approaches to copyrights laws conferred by diverse jurisdictions may proof wise when an e-business is selecting its choice of law forum. Intellectual property laws, concretely copyright laws, contain relevant rules for e-commerce businesses, no matter what their business activity is. For instance, an e-business may have copyrights over its website design, pictures, content materials, etc. Following is a brief description of the works able to be copyrighted in Colombia, the rights acquired by the author of a copyrighted material, including ‘moral rights,’ rules applicable to independent works based on copyrighted materials, the reserve principle applicable to certain business names, and the citizenship of the authors covered by this law.

The following questions have been addressed in this article:

What types of works do the Colombian copyright laws protect?
What are the rights conferred to the author of a copyrighted work?
How does Law 23/82 protect independent works that are created based on copyrighted works?
What are the rules applicable to the ‘reserve’ of certain business names?
Does the law protect works created or produced by others than Colombian citizens?

IBLS Editorial Board
Staff Attorney

View details...

4/13/2008 2:18:14 PM
31566 - Legal Value Of Data Messages In Colombia
Data messages, together with digital signatures, are key topics for e-commerce transactions. The effectiveness of e-commerce dealings depends on the legal value given to these data messages, be them e-mails, messengers, databases, etc. Data messages are precisely the mechanism that makes possible e-commerce transactions. Hence, we need to consider what legal value each country gives to these data messages before engaging in e-commerce business. If data messages are not afforded legal value, they cannot be presented as evidence in court or out-of-court proceedings.

IBLS Editorial Board
Staff Attorney

View details...

11/29/2007 1:53:18 PM
41598 - Execution Of Contracts In Colombia
This summary deals with the main aspects of the e-commerce Act 527 of 1999. It refers to two essential legal issues in the execution of agreements, such as the offer and the acceptance.

The following questions have been addressed in this article:

What is the main legal consequence of the recognition of data messages in contractual relations?
Under Colombian legislation when an electronic offer is considered received?

FELIPE BARRIOS
BARRIOS, VELEZ & ASOCIADOS
IBLS Charter Partner

View details...

12/18/2006 8:09:02 AM
51705 - Protection To Foreign Copyrighted Works Under The Colombian Legislation
Law 23 of 1982 constitutes the legal framework of copyright laws in Colombia. Chapter IV, section one, contains the applicable rules to the protection of foreign copyrighted works under the Colombian legislation. Law 23 of 1982 is still good law in most of its original principles, particularly regarding protection to foreign copyrighted works. Law 44 of 1993 and law 603 of 2000 have supplemented Law 23/82. This is one of the most researched sections in copyright laws from different jurisdictions, since it deals with sensible rules that may affect the commercial relations between nations. Following is a brief description of the Colombian protection to foreign copyrighted works.

The following questions have been addressed in this article:

Besides the three basic requirements mentioned above, what else needs to be proved to obtain a license to translate foreign works?
What are the rights conferred and the limitations imposed by the license?
When a license may be annulled?
When does the license expire?
May radio companies obtain license to translate foreign copyrighted works?

IBLS Editorial Board
Staff Attorney

View details...

2/2/2004 8:24:09 PM
61690 - LA Topic: POLITICAL AND CO-OPERATION ACCORD BETWEEN THE EUROPEAN UNION AND ITS MEMBER STATES AND THE ANDEAN COMMUNITY AND ITS MEMBER STATES
E-commerce entrepreneurs should carefully review regional and free trade agreements among the nations to detect opportunities that may help them, or their customers, reduce their import/export costs, taxation burdens and custom proceedings when shipping goods overseas. Customs, duties, intellectual property, data protection, consumer rights, and import/export issues are relevant issues to e-commerce. These issues are also commonly addressed in regional, free trade and economic agreements between nations. Therefore, regional agreements provide useful legal information to e-commerce entrepreneurs and their customers. The Andean Community (AC) is a free trade agreement signed by Colombia, Bolivia, Ecuador, Peru and Venezuela. It is the second major South American free trade agreement after Mercosur. The Andean Community and its member states signed a political and co-operation accord with the European Union (EU) and its member states on October 2003. The accord is the foundation of a possible future free trade agreement between the EU and the AC. Through politic talks and co-operation, the parties to this accord purport to develop areas relevant to their future economic alliance. For instance, the accord covers areas such as foreign policy and security; human rights and democracy; prevention of conflicts between the nations involved; commercial co-operation; services; intellectual property issues; public contracts; customs; agricultural and forest development; fishing industry; mining and energy sector; transportation, financial services; tourism; foreign investment; environment and biodiversity; health, terrorism; etc. Additionally, the accord addresses six major topics relevant to e-commerce transactions.

IBLS Editorial Board
Staff Attorney

View details...

11/21/2003 1:10:22 PM
71652 - Latin America’s Statistic Information On Education, Family Size, Women Participation In The Work Force And Its Relevance To E-commerce
Statistic information, marketing concepts and studies traditionally used by brick and morter businesses could be applicable to e-commerce as well. E-businesses wanting to expand their Latin American market should obtain statistic information on education, wages, family size, work force participation, etc., from the targeted Latin American countries. This information will help e-businesses to structure a more aggressive market penetration in those countries. For instance, the price of goods will be adapted accordingly; goods may be offered according to those countries’ needs or preferences; e-companies may estimate the number of consumers in those countries based on the citizens’ educational level, Internet penetration, etc. The Organization of Economic Co-operation and Development (OECD) published a comprehensive technical paper addressing important statistic information of six Latin American countries. The most relevant facts from Argentina, Chile, Colombia and Mexico will be presented below.

The following questions have been addressed in this article:

What is Argentina’s statistic information on education, wages and family size?
What is the schooling average, family size and labor force composition in Chile?
What are Colombia’s level of education and women participation in the work force?
What is the Mexican educational and women’s participation level in that country?

IBLS Editorial Board
Staff Attorney

View details...

10/13/2003 2:56:56 PM
81651 - LA Topic: TAXATION OF ELECTRONIC COMMERCE IN COLOMBIA
Most jurisdictions around the world are adopting their current taxation principles to the e-commerce transactions, instead of creating a whole new system. Colombia has not implemented any e-commerce taxation laws yet. The assertive approach allows the government to closely monitor the international tendencies regarding taxation of e-commerce and the development of Internet transactions. Yet, the time may come soon when most jurisdictions should clearly state their taxation rules for e-commerce transactions. A brief analysis of e-commerce taxation in Colombia, presented by a Colombian Tax expert , is quoted in this excerpt.

IBLS Editorial Board
Staff Attorney

View details...

10/3/2003 12:14:09 PM
91646 - La Topic: Colombian Government Promotes Internet Access By Establishing Mandatory And Low Cost Tariff Plans
Low Internet penetration is one of the major obstacles of e-commerce in Latin American countries due to high Internet tariffs and poor telecommunication infrastructures. The Colombian Telecommunication Regulation Commission (Comision de Regulacion de Telecomunicaciones) (CRT) enacted Resolution 307 of 2000, to promote the development and access to Internet Services. Through this resolution, the government aimed to reduce the tariffs charged by Internet Service Providers (ISP) and telephone companies in Colombia so that most of the population could afford such service. This excerpt summarizes the relevant points of this law.

IBLS Editorial Board
Staff Attorney

View details...

9/15/2003 3:09:14 PM
101555 - la Topic: E-commerce And Consumer Protection Regulations

E-commerce contributes to the development of new businesses by facilitating international transactions. In the other hand, consumers around the world have access to infinite number of products and services. The success of e-businesses may rest on the level of consumer protection afforded to its clients. E-business should address those consumer’s concerns such as shipping costs, return policies, and product specifications among others.

The Organization of Economic Co-operation and Development (OECD) enacted the Guidelines for Consumer Protection in the Context of E-commerce (referred as “The Guidelines”) in 1998. The Guidelines present the effective consumer protection policies for online transactions. The United States, Mexico- the only OECD Latin American country-and most of the OECD countries have already incorporated these guidelines within their legislations and published informative brochures outlining consumer protection rights for online transactions. Other Latin American countries have adjusted their consumer protection laws to e-commerce transactions. E-businesses should conform to these guidelines as well if they want to compete in the e-commerce market.

Following, there is a summary of the Consumer Protection Guidelines, a brief of the United States Approach, and a list of the consumer protection laws in two Latin American countries.

The following questions have been addressed in this article:

What is the incidence of these Guidelines in the OECD members?

What is the United States position regarding the OECD guidelines?

IBLS Editorial Board
Staff Attorney

View details...

6/11/2003 6:16:51 PM
111511 - Colombia E-commerce Development: Legislation And Programs
Among the current developments, legislation, special programs, and the e-commerce Initiative between Colombia the United States deserve our attention. The reader may find a brief introduction addressing the above topics and the rest of the information will be presented in a question/answer format.

The following questions have been addressed in this article:

Is the Colombian Telecommunication Infrastructure appropriate for e-commerce transactions?
Has Colombia established an E-commerce legal framework?
Is the Intellectual property protected in Colombia?
How have the market access issues been addressed by the Colombian legislation?
How are the E-commerce Security and Privacy Issues addressed by the Colombian legislation?

IBLS Editorial Board
Staff Attorney

View details...

5/2/2003 8:50:36 AM
1