Colombia: The MERCOSUR–European Union Agreement and Its Impact on Intellectual Property

The signing of the trade agreement between MERCOSUR[1] and the European Union (EU) on 17 January 2026 marks a historic milestone after more than twenty-five years of negotiations. From both the European and South American perspectives, this agreement reflects a strategic commitment to strengthening economic relations, consolidating value chains, and providing clear, rules-based frameworks in the context of current global challenges and growing technological competition.

While Colombia is not a party to the MERCOSUR–EU agreement, its provisions are relevant as a reference point for intellectual property standards and regional trade dynamics affecting Colombia and other Latin American jurisdictions.

Within this broader framework, the chapter on intellectual property is of particular relevance, as it establishes common standards aimed at facilitating trade and investment. The agreement reaffirms existing international commitments, such as the TRIPS Agreement[2], and provides that the parties shall make their best efforts to adhere to key international intellectual property treaties, including the Patent Cooperation Treaty, the Madrid Protocol, and the Hague Agreement Concerning the International Registration of Industrial Designs.

As a key element of intellectual property protection, the agreement provides that, in the case of industrial designs, a minimum term of protection of fifteen years from the filing date of the application shall be granted. In relation to patents, it proposes that the parties make their best efforts to adhere to the Patent Cooperation Treaty. With regard to plant varieties, the agreement proposes that the parties comply with the protection of plant breeders’ rights as established under the UPOV Convention and cooperate to promote the protection of such rights within their respective jurisdictions.

In the area of trademarks, the agreement addresses fundamental issues relating to opposition procedures, public databases, well-known trademarks, and applications filed in bad faith. With respect to copyright, it refers to the exclusive rights of authors, performers, producers of phonograms, and broadcasting organisations. Regarding the term of protection, the agreement provides, among other matters, that the rights of the author of a literary or artistic work shall extend for the life of the author and at least fifty years after their death, or, where the legislation of a party so provides, for seventy years after death. Finally, in relation to geographical indications, the agreement proposes mechanisms for cooperation and for updating lists, protection measures, and the responsibilities of the Subcommittee on Intellectual Property Rights.

In summary, the agreement on industrial property goes beyond a purely regulatory approach by strengthening legal certainty for rights holders and creating a more favourable environment for innovation and technology transfer between the parties. In this context, the adoption of standardised intellectual property protections helps to reduce friction between different jurisdictions.

Notwithstanding the above, the actual scope and impact of these provisions will depend on the ratification of the agreement and the manner in which each country adapts and implements its commitments at the domestic level. In the case of the EU, the agreement must pass two essential stages: (i) approval by the European Parliament, which must deliberate on the text already signed, and (ii) ratification by the EU Member States in accordance with their respective constitutional procedures. At present, the opinion of the Court of Justice of the EU is awaited, following a request by the European Parliament regarding the compatibility of the agreement with the EU Treaties. In parallel, each MERCOSUR member state must comply with its own constitutional and legislative approval procedures.

Footnotes

[1] The member states of MERCOSUR are Argentina, Brazil, Bolivia, Paraguay, and Uruguay.

[2] Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

By LLOREDA CAMACHO & CO, Colombia, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact colombia@transatlanticlaw.com 

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