According to the International Property Rights Index, prepared by the Property Rights Alliance, Colombia ranks 80th out of 125 countries. While this result reflects some progress in the protection of property rights compared to nations with less institutional development, it also highlights significant challenges.

Factors such as corruption, legal insecurity, and weak protection of intellectual property rights negatively affect the perception and guarantee of these rights in the country. Although Colombia has implemented reforms to improve the investment environment and strengthen respect for property, the path to more robust and reliable protection remains long. The current ranking indicates that there is room for improvement for Colombia to ensure a more stable and attractive framework for investment and economic development.

One of the main challenges Colombia faces regarding property rights is the persistent legal insecurity concerning rural property. For decades, the armed conflict has resulted in land dispossession and forced displacement, leaving millions of Colombians without secure access to their properties. Although the Peace Agreement signed in 2016 included measures to return land to victims and promote agrarian reform, the process has been slow and complex. Land restitution continues to face difficulties, both due to unclear property titles and the presence of illegal armed actors preventing displaced persons from returning to their lands.

In addition, in urban areas, the informality in land tenure also represents a significant challenge. There are cases where properties are not properly registered or lack formal titles, limiting access to financial services and the economic development of thousands of citizens. Formalization policies have made progress in recent years, but their implementation has not been sufficient to reduce the negative impact that legal insecurity has on private property in the country. For Colombia to advance in respecting property rights, it will be crucial to continue strengthening the institutions responsible for guaranteeing private property, promoting formalization, and improving transparency in restitution and titling processes.

The protection of intellectual property in Colombia is another key aspect of the discussion on property rights. Although the country has made progress in creating a legal framework that regulates patents, copyrights, trademarks, and other aspects related to intellectual property—and despite the existence of entities such as the Superintendency of Industry and Commerce (SIC), which resolves disputes related to industrial property, and the National Copyright Directorate, which oversees copyright-related issues—significant challenges remain. Piracy, counterfeiting, and copyright infringement continue to be prevalent problems. These practices affect both the creative industry and the country’s technological and industrial development, limiting innovation and entrepreneurship.

The lack of effective enforcement of regulations, combined with weak institutional capacity to address these violations, harms both domestic and international companies seeking to protect their innovations in the Colombian market. Strengthening intellectual property protection is not only crucial for ensuring fair competition and respect for inventions but is also an essential component for attracting foreign investment, fostering economic growth, and promoting a culture of innovation in the country.

The protection of property rights in Colombia, both physical and intellectual, is essential to ensuring economic freedom which fosters investment, growth, and social well-being. Property rights are the foundation of any society that values individual freedom, as they allow people to enjoy the fruits of their labor and creativity without undue interference.

For Colombia to move toward a freer and more prosperous system, it is crucial to strengthen the institutions responsible for protecting these rights and to promote transparency in the titling and restitution processes. Only with a solid framework of property rights can the legal certainty needed to incentivize investment and economic development be guaranteed—key elements for sustained growth in an open and competitive market economy.

Likewise, intellectual property protection takes on a central role in a world where ideas and innovation drive progress. Combating piracy and ensuring the defense of inventions not only promotes fair competition but is also a fundamental step for Colombia to integrate competitively into the global economy. Ultimately, guaranteeing property rights strengthens economic freedom and creates the necessary conditions for a freer and more prosperous society, where development is within everyone’s reach.

 

Omar Camilo Hernández Mercado is a law student at the Universidad Libre de Colombia, Senior coordinator of Students for Liberty in Colombia, and a seminarist in “The Austrian School of Economics” at the International Bases Foundation.