© How to Register Software in Colombia: Requirements and Process
In Colombia, software is registered before the National Copyright Directorate - DNDA as a work protected by copyright. Registration may cover computer programs, software and computer applications and constitutes an important means of evidence regarding authorship and ownership of rights.
It is important to clarify that copyright protection for software does not arise from registration. Protection exists from the moment the work is created, without the need to comply with any formality. Registration before the DNDA is declaratory in nature and provides public notice of the registered rights, while also facilitating proof of those rights against third parties.
How is software protected in Colombia?
Colombian law protects software through copyright. Decision 351 of the Andean Community provides that computer programs are protected under the same terms as literary works and that such protection extends to both operating and application programs, whether expressed in source code or object code.
In Colombia, this area is governed primarily by Decision 351 of the Andean Community, Law 23 of 1982, as amended, among other provisions, by Law 1915 of 2018, and the regulations applicable to software registration.
Copyright protects the original form in which the software is expressed. Accordingly, ideas, concepts, methods or technical content considered in the abstract are not protected merely by registering the program.
What is the purpose of registering software?
Although registration is not required for copyright to exist, registering software provides a particularly important means of evidence. Registration with the National Copyright Registry creates a presumption that the facts and acts recorded therein are true, unless proven otherwise and without prejudice to third-party rights.
In practical terms, registration provides a record of, among other matters, the existence of the work, its author or authors, and the declared ownership of the economic rights. This may be relevant in negotiations, license agreements, assignments, relationships between developers and companies, or potential disputes concerning authorship or ownership of the software.
Requirements to register software in Colombia
To apply for software registration before the DNDA, information must be provided regarding the work, the author or authors, the applicant and, where applicable, the owner of the economic rights.
Depending on the particular circumstances of the application, the following information and documentation will generally be required:
- Name of the software and any other information necessary to identify the work.
- Full details of the software author or authors.
- Identification document and information required by the registration platform.
- Year in which creation of the software was completed.
- Identification of the owner of the economic rights, where different from the author.
- Documents evidencing authority to act where the application is filed on behalf of another individual or legal entity.
- Copyright assignment agreement, applicable contract or other relevant document where ownership of the economic rights derives from a transfer or from the legal relationship under which the software was developed.
In addition, to identify the content of the software, the DNDA allows applicants to submit any of the supporting materials accepted for this category, including:
- Source code or computer program, submitted in one of the formats accepted by the DNDA.
- Description of the program, with sufficient detail to explain its operation or characteristics.
- Supporting material, such as user manuals or documentation intended to explain how the program is used.
The specific documentation required will depend on who files the application, how the software was created and, where applicable, how the economic rights were acquired.
How is software registration carried out?
The registration process may be carried out before the National Copyright Directorate. In general terms, the procedure involves the following stages:
- Correctly identify the author and the owner of the economic rights. These capacities may coincide, but they are not necessarily held by the same person.
- Prepare the software information. The relevant details concerning the work and its creation must be compiled.
- Prepare the software supporting material. Depending on the case, the program, source code, description or supporting material accepted by the DNDA may be submitted.
- Establish ownership where applicable. If the economic rights are owned by a person other than the author, the legal document supporting such ownership must be reviewed.
- File and follow up on the application. The DNDA reviews the information and documentation submitted and, if the applicable requirements are met, proceeds with registration and issuance of the corresponding certificate.
How long does software registration take in Colombia?
Based on our professional experience with this type of proceeding, we consider it prudent to allow approximately 30 business days or more for the registration process to be completed in practice.
The proceeding before the DNDA is free of official fees. This means that the authority does not charge an official filing fee for registration, without prejudice to any professional fees that may arise where the applicant elects to obtain legal advice or act through legal counsel.
How long does software copyright protection last?
The term of economic rights must be assessed according to the nature of the rights holder and the circumstances of the work. As a general rule, where the author is an individual, economic rights are protected for the life of the author plus 80 years after his or her death.
Where ownership is held by a legal entity, Colombian law generally provides for a term of 70 years from the publication of the work. Authors' moral rights are subject to a different nature and legal regime from economic rights.
Is it necessary to register a new version of the software?
Where registered software is subject to substantial and creative modifications that result in a new work, a new registration may be required. The DNDA recognizes that original modifications to a work may result in a derivative work and, therefore, in a new registration.
Accordingly, where new versions, significant developments or material changes to the program are introduced, it is advisable to assess whether those modifications warrant a new registration and which elements should be submitted to properly identify the new work.
Legal advice on software registration in Colombia
Cárdenas Vega Asesores has attorneys experienced in copyright and intellectual property law who can advise clients on the preparation, review and filing of software registration applications in Colombia, including the analysis of authorship, ownership and contractual documentation related to software development.
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