To make the INVIMA registration of a food in Colombia, it is necessary to follow the following steps:

1. Identify the type of food to be registered: there are different categories of food, such as beverages, meat products, bakery and pastry, among others. It is important to know in which category the product you want to register is located.
2. Carry out the nutritional equivalence study: this study is mandatory for food products and consists of comparing the nutritional composition of the product with that of other products already authorized by INVIMA.
3. Carry out the stability study: this study consists of evaluating the stability of the product in different storage conditions, to guarantee that the product maintains its characteristics during its useful life.
4. Obtain the required documentation: a series of documents must be gathered, such as the application form, the product description, the nutritional equivalence study, the stability study, among others.
5. Send the documentation to INVIMA: the request must be sent through the INVIMA online process portal. The process can take between 60 and 180 days.
6. Pay the corresponding rights: before submitting the information for the product registration application, the corresponding rights for its authorization and commercialization must be paid.

It is important to remember that the INVIMA registry is mandatory for all foods sold in Colombia. In addition, it is the manufacturer’s responsibility to ensure the quality and safety of their products.

At Tm Tamayo we have technical and legal specialists to support you throughout the INVIMA registration application process, from the technical data sheet of the product to the concession decision.

E-mail: info@tmtamayo.com

The valuation of intangibles in Colombia can be a complex process and require the assistance of experts in the field. In Colombia, a certified appraiser is required before the Open Registry of Appraisers – RAA.

Below are some possible ways of valuing intangibles in Colombia:

1. Income-based valuation: This technique uses the income that is expected to be generated through intangibles in the future to determine their present value. For this, techniques such as the discounted cash flow (DCF) are used, which calculates the present value of future cash flows.
2. Market-based valuation: This technique is based on comparing the prices of similar intangibles that have recently been sold on the market. Typically, sales prices of similar intangible assets that have been sold in a recent period are compared.
3. Cost-based valuation: This technique uses the cost necessary to replace or replicate the intangibles. In other words, the production cost of a similar intangible asset is valued.

It is important to remember that the valuation of intangibles can be a subjective task and will depend on the perception of both the owners and potential buyers. In addition, intangibles are constantly evolving, which requires a periodic update of their value.

At Tm Tamayo we have appraisers registered in the Open Registry of Appraisers – RAA, who will apply the appropriate appraisal technique for accounting or investment recognition; either in valuation of fixed assets or valuation of intangibles.

E-mail: info@tmtamayo.com

It is important to have the advice of a patent engineer in Colombia because this professional has the necessary technical and legal knowledge to help in the registration and protection process of an invention. The task of a patent engineer involves research, analysis and preparation of technical reports on innovation, for this, he must have experience in evaluating the novelty, utility, and patentability of an invention.

In addition, the patent engineer can also help define the innovation protection strategy, depending on the objectives of the inventor or company and the market in which it operates. For example, he can analyze whether it is necessary to protect the invention with a patent, a utility model, or intellectual property.

In general, having the advice of a patent engineer can help ensure that all the legal requirements for obtaining a patent in Colombia are met, which in turn can help prevent legal problems in the future and protect the invention of unauthorized uses.

E-mail: info@tmtamayo.com

To patent an invention in Colombia, follow these steps:

1. Carry out a worldwide patent search to ensure that your invention is not already patented and does not infringe a third party right. This initial stage may be the most important and will be the fundamental one to increase the probability of success of your invention.
2. If your invention is new, original and has not been patented in Colombia until now, apply for your patent. To do this, you must go to the Directorate of Inventions and New Technologies of the Superintendence of Industry and Commerce or the country’s patent office.
3. Prepare a patent application that will contain a clear and detailed description of the invention.
4. Submit the application to the Department of Patents of the Superintendence of Industry and Commerce.
5. Wait for your application to be reviewed. This process can take around 12 months and a post-publication patentability examination fee must be paid.
6. If the application is approved, you will have to pay a fee to keep the patent active during the validity period, which is between 10 and 20 years depending on the type of patent.
7. In general, the maintenance of patents in Colombia is allowed, but it is important to know that your right can only be renewed while they are still useful and relevant.

Keep in mind that the processing of a patent in Colombia can be a very complex and complicated process, so it is advisable to seek the advice of a professional in the field.

E-mail: info@tmtamayo.com

The registration of a patent in Colombia gives the owner the right of exclusivity over it, that is, it confers the exclusive power to directly or indirectly exploit the invention that was protected for a term of 20 years and empowers him to prevent third parties from people make use of the patent when they do so without the prior and express authorization of the owner.

In this sense, if a person who does not have any type of authorization to use the invention that has been protected by a patent decides to infringe it; The patent holder may file a lawsuit against the infringer and thus prevent further usurpation of the invention protected by patent.

In the processing of the process for patent usurpation, the interested party may request the Judge that the third-party offender:

1. Stop using, manufacturing or selling the infringing product
2. Destroy the infringing product samples in your possession and,
3. Compensate the patent owner for the damages caused.

E-mail: info@tmtamayo.com

The diversion of clientele is considered an act of unfair competition, and “any conduct that has the object or effect of diverting clientele from the activity, commercial services or foreign establishments is considered unfair, provided that it is contrary to healthy commercial customs or the honest uses in industrial or commercial matters.”

When these cases of bad faith occur in the market, the affected person can resort to legal actions such as:

1. Declaratory and sentencing action:

The person affected by acts of unfair competition will have an action to judicially declare the illegality of the acts carried out and consequently order the offender to remove the effects produced by said acts and compensate the damages caused to the plaintiff. The plaintiff may request, at any time during the process, that precautionary measures be taken.

2. Preventive or prohibition action:

The person who thinks that they may be affected by acts of unfair competition, will have action to request the judge to avoid the performance of unfair conduct that has not yet been perfected, or to prohibit it, even if no damage has yet been produced.

E-mail: info@tmtamayo.com