This measure is based on Andean Community Decision 876 of 2021, which empowers national authorities — such as the SIC — to act ex officio or upon complaint in order to conduct investigations, gather evidence, and order precautionary measures within the framework of administrative proceedings concerning the misuse of such signs.
It is important to recall that Decision 876 defines a nation brand as any sign used by a State to promote its image both domestically and internationally, as well as to foster tourism, culture, gastronomy, production, or foreign investment.
One of the key features of the Resolution is the ability to swiftly intervene in cases involving unauthorized use of expressions such as “Colombia, the country of beauty” on products or services that may create a false impression of endorsement, affiliation, or connection with the Colombian government.
However, some experts have questioned whether the SIC is legally empowered to perform such functions, arguing that this constitutes a sanctioning intervention in the field of industrial property. In particular, there are concerns that granting such authority to the SIC may be excessive.
