Commercial Agency Contract and Trademark Licensing Agreement in Colombia

Commercial Agency Contract and Trademark Licensing Agreement in Colombia

By Germn Marin

The commercial agency contract in Colombia is one of the most controversial contracts in Colombia, for the obligations that the entrepreneur is forced to pay to the agent at the time of its termination. The novelty of some new approaches leads us to look at the license agreement, where the object beyond the authorization to use a particular trademark, involves inherently the exploitation of the trademark.

Excerpt:

The commercial agency contract is one of the most controversial contracts in Colombia, for the obligations that the entrepreneur is forced to pay to the agent at the time of its termination.

The contract was first regulated in the Commercial Code in 1971. Since then its regulation has remained unchanged and only jurisprudence and doctrine have indicated its scope.

Before going on it is important to outline that for all legal purposes, all commercial agency contracts to be performed within Colombia, shall be subject to Colombian law. Any provision to the contrary shall be disregarded, even as in many cases one of the parties is a foreign entrepreneur.

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