Trade Secrets Law in Colombia
Here’s an overview of the Trade Secrets Law in Colombia:
🇨🇴 Trade Secrets Law in Colombia
1. Legal Framework
Colombia provides explicit protection for trade secrets under both national law and international agreements:
Decision 486 of 2000 (Andean Community Common Regime on Industrial Property) – primary legal instrument governing trade secrets in Colombia.
Law No. 256 of 1996 – Addresses unfair competition, including trade secret misappropriation.
Civil Code and commercial contracts – Support enforcement through confidentiality clauses.
Colombia is a member of:
The Andean Community (CAN)
The World Trade Organization (WTO) (bound by TRIPS)
The Paris Convention and WIPO treaties
2. Definition of Trade Secrets
Under Decision 486, Article 260, a trade secret is any undisclosed information that:
Is not generally known or easily accessible.
Has commercial value due to its secrecy.
Is subject to reasonable steps by the rightful holder to keep it secret.
Examples include formulas, business strategies, manufacturing processes, customer lists, and internal data.
3. Rights of the Trade Secret Holder
The lawful holder has the right to:
Prevent third parties from acquiring, using, or disclosing the trade secret without authorization.
Use contractual or judicial measures to enforce secrecy.
4. Duration of Protection
Unlimited as long as the conditions of secrecy and commercial value are maintained.
Protection ends if the information becomes public or the holder fails to maintain confidentiality.
5. Enforcement and Remedies
Violations are treated under unfair competition law and civil law:
Actions can be brought before the Superintendence of Industry and Commerce (SIC) or civil courts.
Remedies include:
Injunctions to stop unauthorized use or disclosure.
Damages for losses suffered.
Seizure or destruction of materials containing the misappropriated information.
6. Criminal Sanctions
While not always applicable, in severe cases involving fraud or theft, criminal charges may also be brought under the Colombian Penal Code.
7. Best Practices for Businesses
Use Non-Disclosure Agreements (NDAs) with employees, contractors, and partners.
Apply internal controls like access restrictions and document classification.
Regularly train staff and update confidentiality protocols.
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