Software registration in Colombia

About Software Registration in Colombia: A Complete Guide

Everyone has heard about copyrights, those rights a person has when they write a book, create a film, or make a scientific discovery. Since we are in an information age, many programs and applications have been created, thanks to the intellect of programmers, that facilitate many daily tasks. As authors of their programs or software, they also enjoy copyright, and for this we want to talk about software registration in Colombia, how it works and what the process is to register software in Colombia.

About Copyright in Colombia

Copyrights are a series of moral and patrimonial rights that natural and legal persons acquire when they materialize an idea on a physical medium. Copyrights are acquired with the creation of literary works, artistic works, and scientific works. To learn more about Intellectual Property in Colombia, you can consult our related article.

• Moral Right: This refers to the authorship that the person has over their invention and to be recognized and attributed recognition when their creation is discussed or used. It is an unrenounceable, non-transferable right, and cannot be seized.
• Patrimonial Right: Allows the author to exploit or profit from their work. Unlike moral rights, this right can be renounced and transferred.

Why Should You Register a Creation?

While we mentioned that copyright arises at the moment the idea is materialized on a physical medium, it is recommended to register the work for support and backup.

Why Does Software Have Copyright?

According to the Decree No. 1360 of June 23, 1989, software (or also known as logical support) is classified as a literary work, since it is "...an organized set of instructions, in natural or coded language, regardless of the medium in which it is stored, whose purpose is to make a machine capable of processing information indicate, perform, or obtain a specific function, task, or result.”

How Software Registration Works in Colombia

According to article 5 of the Decree No. 1360 of June 23, 1989, to register software in Colombia, you must submit to the National Directorate of Copyright:

1. Complete the form “Solicitud de Inscripción de Soporte Lógico o Software” (Application for Registration of Logical Support or Software) from the National Directorate of Copyright.
2. Name, identification, and address of the applicant, stating whether it is in their own name or as a representative of another; in which case, proof of representation must be provided.
3. Name and identification of the author(s).
4. Name of the producer.
5. Title of the work, year of creation, country of origin, brief description of its functions, and in general, any other characteristic that allows it to be differentiated from another work of the same nature.
6. Declaration as to whether it is an original work or, on the contrary, a derivative work.
7. Declaration as to whether the work is individual, collaborative, collective, anonymous, pseudonymous, or posthumous.

Along with this information, a copy of the software, its description, and any auxiliary material must be attached if applicable. If all documents are in order, the DNDA has a period of 15 days to grant the copyright certificate, which can be collected at their offices.

How Long Does Software Copyright Last?

Moral rights are always valid, even after the author's death. On the other hand, patrimonial rights are valid for the author's lifetime plus 80 years after their death; after this time, the software enters the public domain.

As you can see, as a software creator, you can register your creation and enjoy its copyrights. If you have any doubts about whether your software is suitable for registration, or you need legal advice, Servicio Legal can help you. Our lawyers are experts in intellectual property registration and will provide you with all the help you need. If you want to know more about our services, you can contact us through our website by clicking here.