WORLD TRADE  
ORGANIZATION  IP/C/W/117/Add.32 
17 October 2008 
 
 (08-4989) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   Spanish 
 
 
 
REVIEW UNDER ARTICLE 24.2 OF THE APPLICATION OF THE 
PROVISIONS OF THE SECTIO N OF THE TRIPS AGREEMENT 
ON GEOGRAPHICAL INDICATIONS 
 
Responses to the Checklist of Questions1 
 
Addendum  
 
COLOMBIA  
 
  The following communication, dated 12 August 2008 , is being circulated at the request of the 
delegation of Colombia.  
_______________ 
 
 
I. SECTION A:  GENERAL 
 1. Is protection for geographical indicati ons provided through unfair competition law, e.g., 
passing off, false designation of origin;  throug h a formal procedure for notification/registration 
before protection is available; or through both?  Does the recognition of a geographical indication 
require registration?  
 Matters relating to unfair competition in resp ect of industrial prope rty are regulated by 
Articles 258 and 259, Title XVI, Chapter I, of Andean Commission Decision 486 (Annex 1).
2  T h e  
general way in which these Articles are worded mean s that they can be applied to ensure protection 
against appellations of origin and indications of source  that are false, misleading or liable to confuse 
consumers, through the actions provided for such purpose in Chapter III of the same  Title.  In any event, 
in accordance with Article 2693, specific conduct and the procedure to  be followed in order to counteract 
such conduct are governed by dom estic legislation, na mely Law No. 256 of 1996 and Law No. 446 of 
1998. 
 
                                                      
1 Documents IP/C/13 and IP/C/13/Add.1. 
2 Article 258 :  Any act carried out in respect of industri al property in the course of trade that is 
contrary to honest commercial practices shall be considered unfair. 
Article 259 :  The following, inter alia , constitute industrial property-linked unfair trade practices:  
(a) any act which, by any means whatso ever, is liable to create confusion with  respect to the establishment, the 
goods, or the industrial or commercial activities of a competitor;  (b) false allegations in the course of trade which are liable to discredit the establishment, the good s, or the industrial or commercial activities, of a 
competitor;  or (c) indications or allegations the use of which in the course of trade may mislead the public as to 
the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the 
goods. 
3 Article 269 :  Where the legislation of the Member Country so permits, the competent national 
authority may initiate ex officio  the unfair competition proceedings provided for in said legislation. IP/C/W/117/Add.32 
Page 2  
 
  The procedure for declaring appellations of orig in shows that the competent national office may 
refuse protection if the indication is liable to misl ead the public as to the ge ographical origin, nature, 
method of manufacture or quality, reputation or ot her characteristics of the products concerned. 
  In the specific case of appellations of origin, th ese must be have been declared as such by the 
competent national office in order to be elig ible for protection, pursuant to Article 214
4 of Decision 486 
and following the procedure set forth in Articles 20 2 to 211 of that same instrument.  In the case of 
appellations of origin of other Me mber Countries or third countries, the declaration may be made under 
the terms of Articles 218 and 219 of Decision 486 with a view to  the recognition of protection. 
 
 As to indications of source, the definition thereof (Article 2215) infers that no formal declaration 
is required, although the conditions of use are li mited to those laid down in Articles 222 and 2236 of 
Decision 486.  
2. Is there one single regime of  protection of geographical indi cations for all products?  If 
not, identify the different regimes.  
 The only regime is that established in Andean  Commission Decision 486 and, according to the 
definition given in Article 201
7 of the Decision (Title XII "Geographical Indications", Chapter I 
"Appellations of Origin"), this protection mechanis m is limited to products which do not differ from 
each other in respect of type or kind, except as regards the level of protec tion specified in Article 215.8 
 
 As far as indications of source  are concerned, the parameters for use laid down in Article 222 of 
the Andean Decision cover pr oducts and services alike. 
 
3. Do(es) the regime(s) of protection of geogr aphical indications also extend to services? 
 
 Only in the case of indications of source does th e protection regime extend to services, as stated 
in Article 222 of Decision 486.  
4. What provisions of law or regulations a re directed to the recognition of geographical 
indications required by Articles 22.2 and 23.1 of the TRIPS Agreemen t?  Citations to laws should 
be provided and, if the texts of the laws have no t been notified to the WTO, copies should be 
provided pursuant to Article 63.2. 
 
 The regulatory instrument pr otecting geographical indications within the meaning of 
Articles 22.2 and 23.1 of the TRIPS Agreement is Andean Commission Decision 486, which also 
                                                     
 
4 Article 214 :  The protection of an appellation of origin is initiated through the declaration issued by 
the competent national office to that effect. 
5 Article 221 :  The expression 'indication of source' shall be taken to mean a name, expression, image 
or sign that indicates or evokes a partic ular country, region, locality, or place. 
6 Article 222 :  An indication of source may not be used in trade in relation to a product or service 
where it is false or deceptive with respect to the origin of the product or service or where its use might mislead 
the public as to the origin, source, quality, or an y other characteristic of the product or service. 
7 Article 201 :  An appellation of origin shall be understood to be a geographical indication consisting 
of the name of a particular country, region or place, or  of a name which, without being that of a particular 
country, region or place, refers to a specific geographical area, and is used  to designate a product originating 
therein, the qualities, reputation or ch aracteristics of which are exclusively or essentially attributable to the 
geographical environment in which it is produced, including both natural and human factors. 
8 Article 215 :  Member Countries shall prevent use of a geographical indication identifying wines or 
spirits for goods of this kind not orig inating in the place indicated by the a ppellation of origin in question, even 
where the true origin of the goods is indicated or the appellati on of origin is used in translation or accompanied 
by expressions such as 'kind', 'type', 'style', 'imitation', or the like. IP/C/W/117/Add.32 
Page 3 
 
 
 applies to the other countries of the Andean Community.  This instru ment broadly regulates the issue 
under Title XII "Geographica l Indications", classifying such indica tions as appellations of origin and 
indications of source.   Colombia has issued a number of provisions, a bove all in respect of procedure, through Single 
Circular No. 10 of 19 July 2001. 
 
5. If the required recognition of geographical i ndications is not provided through statutes or 
regulations, please explain, in detail, the mechanism or mechanisms through which the protection required is provided. 
  See affirmative reply to question 4 above. 
 
6. Please provide a few examples of dome stic geographical indications protected in 
accordance with the means discussed above and i ndicate the means by which such protection is 
provided.  
 So far, protection has been afford ed to the appellations of origin "Pisco Peruano" and "Café de 
Colombia".  The following applications are currently being examined:  
• "Cristal" for an alcoholic beverage (from Colombia) 
• "San Agustín" for coffee (from Colombia) 
• "Cholupa de Huila" for a fruit (from Colombia) 
• "Artesanias de Guacamayas" for ha ndicraft products (from Colombia) 
• "Saint Emilion" for ham (" de talia ") 
 
7. Is the higher level of protec tion required for wines and spirits under Article 23.2 of the 
TRIPS Agreement provided for any other product?  If so, please specify such products and the 
law under which they are protected. 
 
 No, the higher level of protection under Articl e 23.2 of the TRIPS Agreement is provided only 
for wines and spirits within  the meaning of Article 215 of the Andean Decision. 
 
II. SECTION B:  DEFINITION AND CRITERIA FOR RECOGNITION 
 
8. How are geographical indications defined? 
 
 Geographical indications as such are not define d in the Andean Decision, but the term covers 
the following definitions of appellation of origin and indication of source: 
 
Article 201
:  An appellation of origin shall be understood to be a geographical indication 
consisting of the name of a particular country, region or place, or of a name which, without 
being that of a particular country, region or pl ace, refers to a specific geographical area, and is 
used to designate a product originating therein,  the qualities, reputation or characteristics of 
which are exclusively or essentially attributable to the geographical environment in which it is 
produced, including both natural and human factors. 
 
Article 221 :  An indication of source shall be unders tood to be a name, expression, image or 
sign that indicates or evokes a particular country, region, locality or place. 
 
9. Would such a definition comprise geogra phical indications identifying products of a 
certain quality or reputation which are indirectly linked to a specific region? IP/C/W/117/Add.32 
Page 4  
 
  
 The definition in Article 201 implie s more than an indirect link since it establishes that the 
geographical indication must be used to designate a product which originates in the region, country or 
place in question and the characteristics of which are exclusively or essentially attributable to the 
geographical environment in which it is produced. 
 
10. In determining whether re cognition should be given a geographical indication, what 
criteria are considered? 
 
 None of the regulatory provisions cited specifica lly lists the criteria to be considered when 
determining whether to declare prot ection;  from these provisions, it is, however, possible to establish 
the following:  
(a) The appellation does not necessarily have to be the name of a particular country, region 
or place (Article 201); 
 
(b) the appellation must refer to a spec ific geographical ar ea (Article 201); 
 
(c) the appellation must be used to designate a product originating in that area (Article 201); 
 
(d) the quality, reputation, or other characteristics of the product must be exclusively or 
essentially attributable to the geographical  environment in which it is produced, 
including both natural and human factors (Article 201); 
 
(e) appellations must not incur any of th e grounds for refusal expressly set forth in 
Article 202, i.e: 
 
• be inconsistent with the definition in Article 201; 
• be common or generic terms that dis tinguish the product concerned, namely, 
terms considered as such both by persons with knowledge of the area concerned and by the general public;  be contrary to  good morals or to public order;  or be 
liable to mislead the public as to the geographical origin, nature, method of manufacture, or the quality, reputation or  other characteristics of the products 
concerned. 
 
(f) Protection may be declared ex officio  by the competent national office, which in 
Colombia is the Supervisory Authority for Industry and Trade  (Superintendencia de 
Industria y Comercio ) (Article 203 of Decision 486 est ablishing the Andean industrial 
property regime and Article 2
9 of Decree No. 2153 of 1992 restructuring the 
Supervisory Authority for Industry and Trade); 
 
(g) The declaration may be made at the request of  a party with a legitimate interest therein, 
i.e. any of the following (Article 203)10: 
 
                                                      
9 Article 2:  Functions.  The Supervisory Authority for Industry and Trade shall exercise the following 
functions:  … (6) It shall manage the national industrial property system, and address and decide upon industrial 
property-related matters. 
10 Article 203:  The declaration of protection of an appellation of origin shall be made ex officio  or at 
the request of parties who demonstrate a legitimate interest  therein, i.e. natural or le gal persons directly engaged 
in the extraction, production or processing of the product or products that are to be protected by the appellation of origin, as well as associations of producers.  State, departmental, provincial or municipal authorities shall also 
be considered interested parties in the case of appellations of origin from their respective areas. IP/C/W/117/Add.32 
Page 5 
 
 
 • Natural or legal persons directly e ngaged in the extraction, production or 
processing of the product that is to be protected; 
• associations of producers;  and 
• State, provincial or municipal authorities in the case of geographical indications 
from their respective areas. 
 
(h) The declaration must be requested in writing, and the application must include the 
following (Article 204): 
 
• Name, domicile, place of residence and natio nality of the applicant or applicants 
and proof of their legitimate interest; 
• the appellation of origin that is the subject of the declaration; 
• the particular geographical area within  which the production, extraction or 
processing of the product to be identified by the appellation of origin takes place; 
• the products identified by th e appellation of origin;  and 
• a description of the qualities, reputation or other essential characteristics of the 
products identified by the appellation of origin. 
 
11. Is there any human creativity involved in  the making of specific products under 
protection by the system of geogr aphical indications?  If so, ho w much?  And do these products 
involve any human factors? 
  The definition in Article 201 e xpressly provides that the human factors of the geographical 
environment in which the product originates may be included.  The provision does not specify to what 
extent, but it is clear that in order to determine this , the competent national office must take into account 
whether the product is made wholly or in part by local human resources.  For instance, the analysis 
carried out in respect of an entire ly handcrafted product would not be  the same as that for a natural 
product that is cultivated and extracted by local people. 
 
12. Are there any other intellectual property rights involved, such as patents for example? 
 
 In principle, they are not pr ovided for in the legislation. 
 13. What authority, if any, may define the ge ographic region or area for which rights are 
claimed and on what basis is such definition made? 
 
 In specifying the content of an application for de claration of protection, Article 204 establishes 
that the applicant must identify a particular geographical area within which the production, extraction or processing of the product takes place.  It shou ld be noted that the application may be submitted 
only by persons, as defined in Article 203 of the And ean Decision, with a leg itimate interest.  Such 
persons would be the only ones able to define the area concerned and submit sufficient evidence for 
verification by the competent national office.   If protection of the indication is declared ex officio , the competent national office will 
determine the relevant geographical area and must  also use sufficient ev idence to make such a 
decision.  This responsibility would not only de rive from the provisions setting the criteria for 
declaring protection, but also from the general provisions governing the administrative proceedings 
brought before the competent national authority, that is, the Supervisory Authority for Industry and Trade. 
 
14. Does your legislation contain criteria for homonymous geographical indications for wines? 
 IP/C/W/117/Add.32 
Page 6  
 
  There is no specific legislation in this regard. 
 
15. Does your national legisl ation provide for recognition a nd protection of geographical 
indications or appellations of origin of foreign countries? 
  Articles 218 and 219 of Decision 486 provide for the recognition of appellations of origin which 
are protected in another country.  
16. Is there any specific prohibition in the le gislation/regulations/rules/procedures covering 
geographical indications not protected in the countr y of origin?  If so, please specify the relevant 
statutory provision.  
 Protection will be granted providing that th e legal requirements of  Decision 486 are met. 
 
III. SECTION C:  PROCEDURE FOR RECOGNITION 
 
17. With respect to any formal system for rec ognition of geographical indications, must the 
applicant be a governmental  organization or can a private entity  own the rights to a geographical 
indication?  
 In the case of a formal system for recogniti on of geographical indications, applications for 
recognition of geographical indications (appellations of origin) ma y be made by either the competent 
national office or by whoever has a legitimate interest, namely natural or legal persons directly engaged 
in the extraction, production or processing of the pr oduct concerned, associations of producers, or the 
State, provincial or municipal auth orities according to their respective areas (Article 203 of Andean 
Commission Decision 486). 
 
18. What are the competent authorities where the protection of a geographical indication can 
be obtained? 
 
 The competent national authority in Colombia is the Supervisory Authority for Industry and Trade. 
 
19. Do the procedures which lead to the recogn ition of a geographical indication take place 
ex officio  or must they be based on the initiative of an entity or person? 
 
 The competent national office may apply these procedures ex officio  or at the request of a party. 
 
20. What, if any, fees are involved in the application and maintenance of rights in a 
geographical indication? 
 
 A fee of 1,065,000 Colombian pesos is payable at the time of application for the declaration of 
protection of an appellation of origin or authorizatio n to use such an appellation.  The same amount is 
due for renewal of the authorization to use an appellat ion of origin, but if the application for renewal is 
filed during the grace period, the fee is 1,330,000 Colombian pesos.   These fees increase annually in accordance with the rise in the consumer price index. 
 21. If criteria must be set out in an applicat ion for recognition of a geographical indication, 
are those criteria purely geographic in nature? 
 
 Generally speaking, the application must contain a description of the qualities, reputation and 
other characteristics of the product, including, wher e appropriate, aspects of  a geographical nature, IP/C/W/117/Add.32 
Page 7 
 
 
 such as the geographical area.  However, the charact eristics that human factors can give to the product 
are also relevant and must therefore be specified.  
22. What other criteria, if any, must be se t out in an application for recognition of a 
geographical indication? 
 
 Depending on each case, the criteria which may be set out in an application are those relating to 
the geographical area and na tural and human factors. 
 
23. What information must be supplied in an  application for righ ts in a geographical 
indication?  
 The identity of the applicant (name, domicile, place of residence and nationality);  
demonstration of legitimate interes t;  the appellation of origin and the products which it is to designate;  
the particular geographical area within which the production, extraction or processing of the product 
takes place;  and a description of the qualities, reputation or other essential characteristics of the 
products designated by the appellation of origin.  
24. Must the goods or services with respect to which a geographical indi cation is claimed be 
set out? 
  The products designated by the appella tion of origin must be specified. 
 
25. What mechanisms are provided to oppose th e recognition of a geographical indication?  
How is an investigation conduct ed after such a complaint? 
  Although not indicated in the specific provisions  of Title XVI of Deci sion 486, the procedure 
applied by analogy would be that established for objection to a tradem ark registration application, as set 
forth in Articles 146 to 150 of Decision 486.  
26. Who can oppose the recognition of a geographical indication? 
  This would depend on the grounds on which the objecti on is filed, but in principle it would have 
to be the holders of prior rights that are affected by the declaration.  If the grounds are absolute (e.g. in the case of a generic term), it coul d be any interested party given that  protection is a matter of public 
interest.  The rules do not indicate this expressly, but  in each case the legitima te interest prompting the 
procedure must be verified. 
 
27. If your national legislation provides for recognition and protection of geographical 
indications or appellations of origin of foreign countries, what is the procedure that has to be 
followed in order to obtain such recognition and consequent protection? 
 
 As stated above, the geographical indications  of foreign countries are protected under 
Articles 218 and 219 of Andean Commission Decision 486. 
 
IV. SECTION D:  MAINTENANCE 
 
28. How long does recognition for a geographical indication continue? 
 IP/C/W/117/Add.32 
Page 8  
 
  Pursuant to Article 206
11, the validity of a declaration of prot ection is subject to the continuing 
existence of the conditions on which it was based, as determined by the competent national office. 
 
29. If recognition of a geographical indica tion must be renewed or reaffirmed, what 
information must be provided in order to effect su ch a renewal or reaffirmat ion?  Specify any fees 
involved in renewal or reaffirmation.  
 From the wording of Article 206 it may be co ncluded that the validity of a geographical 
indication is not subject to renewal or any other modality, apart from the re quirement noted above. 
 30. Must a geographical indication be used in order to maintain rights?  If so, how is such use 
determined? 
 
 It is also clear from Article 206 that it is not us age but the conditions that  led to the declaration 
of protection which must be maintained over time.  The provision also establishes the possibility to 
amend the declaration at any time in the event of a cha nge in any of the elements indicated in the initial 
application.  
31. Is there a specified limit for non-use before rights in a geogra phical indication cease and, if 
so, what is that limit? 
  There are no time limits, although th ere is, as has been said befo re, a limit in respect of the 
existence or validity of the conditions that led to the declaration.  Thus, if  the conditions no longer 
obtain, the competent national authority may terminate the validity of protection.  Interested parties may, however, submit a new application if the cond itions have been restored (Article 206). 
 
 In any case, interested parties may still amend th e declaration of protection in the event of a 
change in the elements that determ ined the declaration, which would be perfectly justified in order to 
ensure its continuing validity.  
32. Who monitors the use of geographical indications to determine if the criteria identified in 
the application continue to be met? 
 
 Monitoring is the responsibility of the competen t national office, which in Colombia's case is 
the Supervisory Authority for Industry and Trade.  
33. If a government entity is responsible for mo nitoring the use of geographical indications, 
what are its procedures for doing so?  
 Pursuant to Andean Decision 486 (Article 213), public or private enti ties representing the 
beneficiaries of appellations of or igin will have the mechanisms need ed to ensure effective monitoring 
of the use of protected appellations of origin.  
 The competent national office may declare the va lidity of an appellation of origin to be 
terminated if the conditions under whic h it was declared no longer obtain. 
 
                                                     
 
11 Article 206:  The validity of the declaration of protection of an appellation of origin shall be subject 
to the continuing existence of the conditions on which it was based, as determined by the competent national 
office, which may declare the validity terminated if said conditions no longer obtain.  Nevertheless, interested 
parties may apply for validity to be renewed where they  consider that the conditions on which protection was 
based have been restored, without prejudice to the administrative remedies provided for in the domestic 
legislation of each Member Country. IP/C/W/117/Add.32 
Page 9 
 
 
 34. Are there means by which interested part ies may request terminat ion of a geographical 
indication based on non-use or failure to maintain the criteria identified in the application?  Describe the procedure. 
 
 Under Colombia's current legislation, a request to that effect may be filed ex officio  by the 
administrative authority or at the request of a party. 
 
35. Do the procedures which lead to forfeiture of a geographical indication take place 
ex officio  or must they be based on the initiative of an entity or person? 
  In principle, Decision 486 does not provide for fo rfeiture of a geographical indication, so to 
implement this procedure it is necessary to make use of general domestic provisi ons that relate to the 
monitoring of the legality of administrative acts.  In  this case, the declaration of protection is made by 
the competent national office through a duly reasoned administrative act and it is therefore the Council 
of State that has jurisdictional control over these acts.  Thus, administrative acts declaring the protection 
of appellations of origin may be declared null and void if any of the general grounds established by 
domestic provisions exist.  More specifically, such a procedure may be initiated only at the request of a 
party.  
V. SECTION E:  SCOPE OF RIGHTS AND USE 
 
36. May anyone who meets the criteria submitte d to obtain recognition of a geographical 
indication use that geographical indication after rec ognition is given or must additional criteria or 
procedures be followed by that party before use is permitted? 
 
 Pursuant to Article 212, use of a geographical indi cation in connection with natural, agricultural, 
handicraft or industrial products fro m Andean Community Member countries is reserved exclusively for 
producers, manufacturers or craftsmen whose production or manufacturing establishments are in the specified place or region.   It may be inferred from Article 207 that in any case use of a geographical indication requires 
authorization, which must be requested by persons that are either:  (a) directly engaged in the 
extraction, production or processing of the products identified by the appellation of origin;  (b) that 
conduct the said activity within the geographical area specified in the declaration of protection;  or 
(c) that comply with other requirements imposed by the competent national offices. 
 
 Applications must follow the procedure set forth in Articles 208 to 211 of Decision 486, 
which differs from the procedure for declaring an appellation of origin: 
 
Article 208:  The competent national office may grant the corresponding authorization for 
use.  Authorization for use may also be grant ed by the public or private entities representing 
the beneficiaries of the appellations of orig in, where domestic legislation so provides. 
 
Article 209:  Where authorization for use falls  within the competen ce of the competent 
national office, it shall be granted or denied within 15 days of the date when the application 
was filed. 
 
Article 210:  Authorization to use a protected appellation of origin shall be for a term of 
10 years and may be renewed for successive 10-year periods,  in accordance with the 
procedure stipulated in this D ecision for the renewal of trademarks.  
 
Article 211:  Authorization to use a protected appellation of origin sha ll expire if its renewal 
is not requested within the period stipulated in this Decision for the renewal of trademarks.  IP/C/W/117/Add.32 
Page 10  
 
  
Failure to pay the fees laid down in the domes tic legislation of each Member Country shall 
likewise constitute grounds for expiry.  
 
37. Who makes the determination regarding use of a geographical indication by particular 
parties, the entity responsible for the recognitio n or the entity that obtained the recognition? 
 
 The decision to authorize use of an appellation may be made by the competent national office.  
The public or private entities represen ting the beneficiaries of appellatio ns of origin may, however, also 
grant such authorization, pursuant to Articl e 208 of Andean Commission Decision 486 of 2000. 
 
38. Are there fees involved in receiving auth orization to use a particular geographical 
indication and, if so, what are those fees and how are they established? 
 
 For 2007,  a fee of 1,065,000 Colombian pesos (year 2007) is payable upon the filing of an 
application for authorization to us e an appellation of origin.  Ever y application for renewal entails 
payment of the corresponding fees at the rate applicable  at the time.  If, however, renewal is requested 
during the grace period, a surcharge is due in accordance with Supervisory Authority for Industry and Trade Decision No. 36155 of 28 December 2006.   The fees are determined annually by the competent national office in accordance with 
Article 277 of Decision 486.  The rates are adju sted annually under a resolution issued by the 
Supervisory Authority for Industry and Trade and published in Single Circular No. 10 of 2001. 
 
39. If there is a dispute regarding use of a geographical indication by a particular party, what 
procedures are followed to resolve it? 
 
 If the dispute concerns use by unauthorized third parties, it is resolv ed under the procedure 
relating to infringements of indus trial property rights set forth in Article 238 of De cision 486, which 
covers reports of infringement and comp ensation for damages where appropriate. 
  However, if the dispute conc erns the legal consistency of the administrative act granting 
authorization to use an appellation of origin in violation of Decision 486, an action of annulment will be 
brought before the competent national authority (Council of State).   If the dispute concerns non-use or use of the appell ation in terms that are not consistent with the 
declaration, it will be resolved th rough the trademark cancellation procedure.
12 
 
40. Must individual authorized users of a ge ographical indication use that geographical 
indication continually to retain their right to use it and, if so, how is their use determined and how 
long will disuse be permitted? 
 
 In accordance with Articl e 217, the cancellation of authorization to use appellations of origin is 
governed by the provisions relating to the cancellati on of trademarks.  We therefore refer to those 
provisions.   In the case of trademarks, Article 165 provides fo r the possibility of cance llation in the event of 
non-use within the three-year period preceding the granti ng of registration, so the same term could apply 
                                                     
 
12 Article 217 :  The competent national office shall, either ex officio  or at the request of one of the 
parties, where use not in keeping with the provisions of the respective declaration of protection is proven, cancel the authorization for use of the appellation of origin.  Th e relevant provisions stipulated in this Decision with 
regard to trademark cancellation sh all be applicable in this case. IP/C/W/117/Add.32 
Page 11 
 
 
 to appellations of origin.  Use is therefore a require ment for retaining the right to authorization and must 
be consistent with the relevant decl aration of protection. 
 
41. If there is a dispute over co ntinuity of use by a particular party, how is it resolved? 
  As stated in the third paragraph of the reply to  question 39. 
 
42. Does the regime for protection of geograph ical indications allow geographical indications 
to be licensed and, if so, what conditions are imposed on such licenses?  If such conditions are not met, what is the effect on the geographical indication? 
 
 Pursuant to Article 212, only parties that have re ceived authorization to use an appellation of 
origin may do so.  This prevents such parties fro m granting licences to third parties for use of the 
appellation.
13 
 43. How is "grandfathered use" of a geogra phical indication, under Article 24.4 of the 
TRIPS Agreement, applied in your country? 
 
 This provision of the TRIPS Agreement is set forth in the second paragraph of Article 215 of 
Decision 486.
14 
 VI. SECTION F:  RELATIONSHIP TO TRADEMARKS 
 
44. What steps are taken to ensure that, in recognizing a geographical indication, the 
obligations of Article 16.1 of the TRIPS Agreement are not nullified and impaired? 
  Article 24.5 of the TRIPS Agreem ent applies in this respect. 
 
45. What steps are taken to ensure that, in recognizing a geographical indication, the 
obligations of Article 16.2 and 16.3 of the TR IPS Agreement are not nullified and impaired? 
 
 In application of Article 24.5 of the TRIPS Agreement and general do mestic provisions, the 
annulment of such administrative ac ts may be requested if the declara tion has already been granted.  If 
the declaration of protection is pending, the oppositi on procedure for trademarks applies by analogy. 
 
46. What procedures are foreseen in case of a conflict of a geographical indication with a 
trademark? 
 
                                                     
 
13 Article 212 :  The use of appellations of origin in connection with natural, agricultural, handicraft or 
industrial products from Member Countries is reserved  exclusively for producers, manufacturers or craftsmen 
whose production or manufacturing establishments are in  the place or region of the Member Country designated 
or evoked by the appellation in question.  Only producers, manufacturers or craftsmen authorized to use a registered appellation of origin may use, together w ith that appellation, the expression 'APPELLATION OF 
ORIGIN'.  The provisions of Articles 155, 156, 157 and 158 apply to protected appellations of origin, where 
appropriate.
 
14 Article 215 :  Member Countries shall prevent use of a geographical indication identifying wines or 
spirits for goods of this kind not orig inating in the place indicated by the a ppellation of origin in question, even 
where the true origin of the goods is indicated or the appellati on of origin is used in translation or accompanied 
by expressions such as 'kind', 'type', 'style', 'imitation' , or the like.  Member Countries may not prevent continued 
and similar use of a particular appellation of origin of another country identifying wine s or spirits in connection 
with goods or services by any of their nationals who have used that geographical indication in a continuous manner with regard to the same or related goods or services within th e territory of the respective Member 
Country for at least 10 years preceding April 15, 1994 or, in good faith, prior to that date. IP/C/W/117/Add.32 
Page 12  
 
  In the case of an ongoing application for trademar k registration, the holders of the geographical 
indication may oppose registration on the grounds set forth in paragraphs (j), (k) and (l) of Article 135 of 
Decision 486.  The objection will be  processed in accordance with Ar ticles 146 to 150 of Decision 486. 
  If the trademark has already been awarded, govern mental channels may be used to challenge the 
decision granting the trademark through reconsiderati on or appeal, with, ultimately, the option of filing 
for annulment of the corresponding ad ministrative act with th e administrative courts  in accordance with 
Article 172 of Decision 486 and following the pr ocedure established for the purpose in the 
Administrative Disputes Code.
15 
 
 In the opposite situation, where it is necessary to  safeguard a trademark right in the event of an 
application for protection of a geog raphical indication, the procedure does not provide for the filing of 
objections, but decisions by the competent national office are subject to ju risdictional control under 
domestic law (Administrative Disputes Code).  VII. SECTION G:  ENFORCEMENT 
 
47. How are rights in the geographical indicati on enforced?  Are provi sions available under 
unfair competition law?  Trademark law?  Other laws?  Provide citations to the laws and, if they have not been notified under Article 63.2 of  the TRIPS Agreement, please provide copies. 
  Article 214 establishes that protecti on of appellations of origin be gins with a declaration by the 
competent national office.  From then on, use of su ch appellations by unauthorized parties in a manner 
that is likely to create confusion is deemed to cons titute an infringement of industrial property rights. 
  Title XV, Chapter 1, of Decision 486 sets forth the actions for infringement of rights, most 
notably in Articles 238, 241, 242 and 243.  Since the Decision does not establish any procedure for 
instituting such actions, in Colombia's case the ordi nary procedure laid down in the Code of Civil 
Procedure (Articles 396 and 397) would be followed.  Indeed, actions for which there is no specific 
procedure or which are not provided for in other types of procedure (summary or oral) must go through the courts.  
 Chapter 2 (Articles 245 to 249) of Decision 486 provides for the possibility of ordering 
provisional measures for the benefit of any party initiating or preparing to initiate an action for 
infringement of rights for the purposes of preven ting an infringement from occurring, avoiding its 
consequences, obtaining or preserving evidence, or  ensuring the effectiveness of the action or 
compensation for damages. 
 
 Articles 258 and 259 of Title XVI, Chapter I, of Andean Commission Decision 486 (Annex 1) 
regulate matters relating to "unfair competition linked to industrial property".
16  The general way in 
                                                      
15 Article 172 :  The competent national authority shall, either ex officio  or at the request of a party, and 
at any time, declare the absolute invalidity of a trademark registratio n where registration was granted in 
contravention of Articles 134, paragraph 1, and 135.  The competent national authority shall, either ex officio  or 
at the request of a party, declare the relative invalidity of a trademark registration where registration was granted 
in contravention of Article 136 or made in bad faith.  This action shall lapse five years from the date on which 
the challenged registration was granted.  The aforementioned actions shall not affect any action for damages that 
may be brought under domestic law.  A trademark registration may not be declared invalid on grounds that have ceased to apply at the time of the in validation procedure.  Wh ere grounds for invalidatio n apply to only one or 
some of the products or services fo r which the trademark was registered, invalidity shall be declared only in 
respect of those products or services, which sha ll be removed from the trademark registration. 
16 Article 258 :  Any act carried out in respect of industrial property in the course of trade that is 
contrary to honest commercial practices shall be considered unfair. IP/C/W/117/Add.32 
Page 13 
 
 
 which these Articles are worded means that they can be applied to ensure prot ection against appellations 
of origin and indications of source  that are false, misleading or liab le to confuse consumers, through the 
actions provided for such purpose in Chapter III of the same Title.  In any event, in accordance with 
Article 269,17 specific conduct and the procedure to be follo wed in order to counteract such conduct are 
governed by domestic legislation, namely Law No. 256 of 1996, in particular Article 15 thereof, and 
Law No. 446 of 1998. 
 
48. Who has the right to enforce a geographical indication? 
 
 Pursuant to the above-mentioned provisions, the relevant actions mu st be initiated at the request 
of the holder of the protected right (Article 238 of Decision 486).  Neve rtheless, it is provided that where 
domestic legislation permits, the competent national authority may take action ex officio . 
  In Colombia, actions for unfair competition must be initiated at the request of a party, in 
accordance with Article 21 of Law No. 256/96.
18 
 
49. What judicial or administrative bodies h ave jurisdiction over enforcement actions related 
to geographical indications?  Are there fees involved and, if so, what are those fees? 
 
 In the case of legal action, the competent judges ar e the circuit judges dea ling with civil matters, 
as provided for in Article 614 (repealed) of the Commer cial Code, Code of Civi l Procedure, Article 17, 
Executive Decree No. 2273/89, Article 3: 
 
 Article 17:  Exclusive jurisdictio n of the circuit judges of Bogotá.  Amended by Decree No. 2273 
of 1989, Article 3.  The expert ci rcuit judges of Bogotá who deal w ith civil matters are competent to 
hear proceedings c oncerning patents, industrial designs, trad emarks, trade signs and names and other 
industrial property matters at the first level that ar e not dealt with by the administrative authorities or 
the administrative courts. 
 
 In the case of actions for unfair competition, Article 20 of Law No. 256 of 1996 and Article 147 
of Law No. 446 of 1998 define the jurisdiction in resp ect of prevention that is given to the Supervisory 
                                                                                                                                                                     
Article 259 :  The following, inter alia , constitute industrial property-linked unfair trade practices:  
(a) any act which, by any means whatsoever, is liable to create confusion with respect to the establishment, the 
goods, or the industrial or commercial activities of a competitor;  (b) false allegations in the course of trade 
which are liable to discredit the establishment, the good s, or the industrial or commercial activities, of a 
competitor;  or (c) indications or allegations the use of which in the course of trade may mislead the public as to 
the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the 
goods. 
17 Article 269 :  Where the legislation of the Member Country so permits, the competent national 
authority may initiate ex officio  the proceedings for unfair comp etition provided for therein. 
18 Article 21 – STANDING.  In accordance with Ar ticle 10 of the Paris Convention, enacted by 
Law No. 178 of 1994, any person participating in or demonstrating the intention to participate in the market, 
whose economic interests are damaged or threatened by acts of unfair competition, has standing to bring the actions provided for in Article 20 of this Law. 
The actions envisaged in Article 20 may also be brought by the following entities: 
- Professional and trade associations or corpora tions when the interests of their members are 
seriously affected; 
- associations, the purpose of which, according to their statutes, is consumer protection.  In this 
case, standing is conditional upon the act of unfair competition in question having seriously and directly affected consumer interests; 
- the Attorney-Gen eral of the Nation, on behalf of the nation, in respect of unfair acts which 
seriously affect the public interest in preserving an economic order of free competition. 
Standing shall be presupposed where the act of unfa ir competition affects an entire economic sector or 
a substantial part thereof. IP/C/W/117/Add.32 
Page 14  
 
 Authority for Industry and Trade, in the exercise of  jurisdictional functions, or to the civil courts, 
depending on the nature of the procedure, pursuan t to Article 17 of the Code of Civil Procedure. 
  For actions relating to the legality or illegality  of acts granting recognition of appellations of 
origin, the competent body is the Council of State. 
 
 In such cases, no fees are payable to the compet ent bodies, but in the event of legal action, the 
costly services of a legal counsel are required.  
50. Must the public be notified of the existence of a geographical indication and, if so, how 
and how often?  
 Although Decision 486 does not expressl y provide for this aspect of the procedure, Article 205 
specifies that the procedure to be followed is that which applies to the examination of formal requirements for trademarks.  The competent national o ffice thus publishes a summary of the application 
in the industrial property gazette for the information of third parties that might wish to oppose the 
declaration of protection.   Once protection is granted, the relevant declaration mu st be published in the industrial property 
gazette, as must any administrati ve act conferring rights (in accordanc e with general domestic rules). 
 51. Is unauthorized use of a geographical indication subject to criminal action and, if so, describe the procedures.  If the law has not been  notified pursuant to Article 63.2 of the TRIPS 
Agreement, please provide a copy. 
 
 Infringement of protected appella tions of origin does not constitute an offence in Colombia and 
is therefore not subject to criminal action. 
 
VIII. SECTION H:  INTERNATIONAL AGREEMENTS 
 
52. Is your government party to an internatio nal, including bilateral or plurilateral, 
agreement for the notification and/or  registration of geographical indi cations?  If so, please name 
the international agreement and explain the relation ship between it and your national legislation. 
 
 No. 
 
53. What other international ag reements, if any, have been en tered into?  What do those 
agreements provide?  
 Free Trade Agreement with Mexico. 
  IP/C/W/117/Add.32 
 Page 15 
 
 
  CHECKLIST OF QUESTIONS 
 
ADDENDUM 
 
 SECTION A: 
 
 Does your economy's industrial property law and/or related law prevent the use of 
geographical indications identifying wines or sp irits against products not originating in the 
place indicated by the geographical indication, even where the true origin of the goods is 
indicated or the geographical indication is used in translation or accompanied by expressions 
such as "kind", "type", "style", "imitation" or the like? 
 
In this respect, the first paragraph of Article 215 of Decision 486 provides that: 
 
Article 215
 – Member Countries shall prevent use of a geographical indication identifying 
wines or spirits for goods of this kind not originating in the place indicated by the appellation of origin in question, even where the true origin  of the goods is indicated or the appellation of 
origin is used in translation or accompanied by expressions such as 'kind', 'type', 'style', 
'imitation', or the like. 
 
Member Countries may not prevent continued and similar use of a particular appellation of origin of another country identifying wines or sp irits in connection with goods or services by 
any of their nationals who have used that geographical indication in a continuous manner 
with regard to the same or related goods or se rvices within the territory of the respective 
Member Country for at least 10 years preceding 15 April 1994 or, in good faith, prior to that 
date. 
 
SECTION B: 
Is there a clear distinction among the terms "geographical indications", "appellations of 
origin" and "indications of source" in your eco nomy's industrial property law and/or related 
law, or are there any substantive cri teria to distinguish these terms? 
Does your legislation contain criteria for homonymous geographical indications for 
wines and spirits? 
(1) Title XII of Decision 486 is headed "G EOGRAPHICAL INDICATI ONS", Chapter I is 
headed "APPELLATIONS OF ORIGIN" and Chapter II is entitled "INDICATIONS 
OF SOURCE", which appears to indicate th at the first title refers to the generic 
category, while the other two refer to a kind or type. 
Decision 486 does not define geographical i ndications but does provide the following 
definitions of appellation of origin and indication of source: 
APPELLATIONS OF ORIGIN.  ARTICLE 201:  An appellation of origin shall be 
understood to be a geographical indication consis ting of the name of a particular country, 
region or place, or of a name which, without being that of a particular country, region or 
place, refers to a specific geographical area, and is used to designate a product originating 
therein, the qualities, reputation or characteri stics of which are exclusively or essentially 
attributable to the geographical environment in which it is produced, including both natural 
and human factors. IP/C/W/117/Add.32 
Page 16  
 
  INDICATIONS OF SOURCE.  ARTICLE 221:  An indication of source shall be understood 
to be a name, expression, image, or sign that indicates or evokes a particular country, region, 
locality or place. 
(2) Article 215 of Decision 486 provides further details in this respect: 
Article 215  – Member Countries shall prevent use of a geographical indication 
identifying wines or spirits for goods of this  kind not originating in the place indicated 
by the appellation of origin in question, even  where the true origin of the goods is 
indicated or the appellation of origin is  used in translation or accompanied by 
expressions such as 'kind', 'type', 'style', 'imitation', or the like.  
 Member Countries may not prevent continued and similar use of a particular 
appellation of origin of another country identify ing wines or spirits in connection with 
goods or services by any of their nationals who have used that geographical indication 
in a continuous manner with regard to the same or related goods or services within the 
territory of the respec tive Member Country for at least 10 years preceding 
15 April 1994 or, in good faith, prior to that date. 
SECTION F: 
 Does your economy's industrial property law a nd/or related law provide the refusal or 
invalidation of a trademark registration, which co nsists of or contains geographical indications 
identifying wines or spirits with respect to such wines or spirits not originating in the indicated 
territory? 
Yes, this is provided for as grounds for non- eligibility for registration in Article 135(k): 
Signs may not be registered as trademarks when they:  (j) reproduce, imitate, or contain a 
protected indication of origin that is liable to create confusion or a mistaken association with 
the indication in relation to the goods themsel ves or different goods, or that involves taking 
unfair advantage of the well-known charact er of that appellation among the public;  
(k) contain a protected appellation of origin for wines and spirits;  or (l) consist of a national 
or foreign geographical indication liable to cause confusion with regard to the goods or 
services to which it applies. 
 
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