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Colombia

Political Constitution of Colombia

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Colombia

Year of current version:2005
Date of entry into force of original text:July 1991
Date of Text (Adopted):July 1991
Type of Text:Constitution / Basic Law
Subject Matter:Other
Notes:
The Colombian Constitution proclaims a social State of law, organized as a unitary, decentralized, democratic, participatory, and pluralistic Republic, with autonomous territorial entities, founded on respect for human dignity, work and the solidarity of the persons composing it, and the prevalence of the general interest.
Under Part II: Of the Rights, Duties, and Guarantees, Article 59 guarantees private property, and Article 61 specifically guarantees that the State shall protect intellectual property for the time and through the formalities prescribed by law. Furthermore, Article 70 says that the State shall promote research, science, development, and diffusion of the Nation’s cultural values, and Article 71 holds that the State shall create incentives for individuals and institutions to develop and promote science and technology and other cultural manifestations and offer special incentives to individuals and institutions engaged in these activities.
As to traditional cultural expressions, Article 72 maintains that the Nation’s cultural heritage is under the protection of the State. The archeological heritage and other cultural resources that shape national identity belong to the Nation and are inalienable and indefeasible. The law shall establish mechanisms for reacquiring control when they are in private hands and regulating the special rights that may belong to ethnic groups who settled in areas of archeological wealth.
Under Part VI: Legislative Branch, Article 150.24 gives Congress the power to make laws that regulate the system of industrial property, patents and trademarks, and other forms of intellectual property.
Under Part VII: Executive Branch, Article 189.27 gives the President of the Republic as Head of State, Head of Government, and Supreme Administrative Authority, the power to grant patents of temporary privilege to authors of inventions or of useful improvements in accordance with the law.

Genetic Resources: See Art. 81(2).

As to genetic resources, Article 81 holds that the State shall regulate the country’s input and output of genetic resources and their use in accordance with the national interest.
Available Texts: 
Spanish

Constitución Politica de Colombia Constitución Politica de Colombia, Complete document (pdf) [609 KB] Constitución Politica de Colombia, Complete document (htm) [587 KB] (Version with Automatic Translation Tool)

Related Legislation:
WIPO Lex No.:CO020

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