Who it is for
Marketing teams, e-commerce and companies that sell to consumers or compete in a claim-sensitive market.
Practice
Competition, consumer and advertising
Preventive advice and defense on unfair competition, advertising, promotions, terms and conditions, complaints and sanctioning proceedings.
In Colombia
Law 256 of 1996 (unfair competition), the Consumer Statute (Law 1480 of 2011) and SIC rules on advertising and promotions. A claim that cannot be sustained is a sanction and reputation risk.
How we help
Promotions, T&Cs, return policies and comparative advertising must match what the business can actually deliver.
Preventive defense is cheaper than a sanctioning case: we review the material before the drop or the media buy.
When it makes sense
- You launch a campaign, a promotion or a marketplace
- A competitor copies the packaging, the claim or the channel
- There is a consumer complaint or an SIC request
- The terms and conditions do not cover what you already sell
How we work it
- 01Review of advertising, packaging, T&Cs and promotions
- 02Preventive adjustments and a protocol for responding to complaints
- 03Defense in unfair competition or consumer matters
- 04Support in sanctioning proceedings
What usually arrives
- The ad claim cannot be proven
- The promotion has no clear mechanics or term
- A third party uses a sign or a look-alike in the market
- Copied T&Cs do not apply to the product or to Colombia
This text describes the general framework in Colombia. It is not legal advice and does not replace an engagement on specific facts.
What it covers
- Review of advertising, promotions and packaging
- Terms and conditions and consumer policies
- Preventive and contentious unfair competition
- Complaints and sanctioning proceedings
Other areas
Trademark registration
An enforceable identity before the SIC: classes, prior marks and defense of the sign in Colombia and, if needed, abroad.
Invention patents
Novelty, inventive step and industrial application: from the idea to a title before the SIC — or to the decision not to patent.
Industrial designs
The appearance of the product as an asset: novelty, registration before the SIC and defense against catalogue copies.
Copyright
Works, software and content: ownership from creation, DNDA registration and rules with whoever produces.
Contracts and deals
Drafting, review and negotiation of commercial and civil contracts: services, distribution, sale, collaboration, alliances and other business relationships.
Companies and corporate governance
Company formation, bylaw amendments, shareholders’ agreements, minutes, boards, meetings, regulations and support in corporate conflicts.
Litigation and dispute resolution
Representation in civil, commercial, corporate, administrative and IP proceedings, with a focus on risk and business strategy.
Compliance and risk management
Design of policies, matrices, protocols and compliance programs in contracting, corporate governance, consumer, competition, privacy and risk prevention.
Foreign investment and doing business in Colombia
Support for foreign companies on forming companies, branches, subsidiaries, local contracts, trademark protection and operating in Colombia.