International Intellectual Property Contracts in Colombia: Applicable Law and Dispute Resolution
摘要
In international contracts concerning intellectual property, the general principle is to resort to the autonomy of the parties’ will. This means that the parties are free to determine both the law applicable to the contract and the means of dispute resolution. However, the question that arises in Colombia is how to determine the applicable law to the contract and the competent authority for conflict resolution when the parties have remained silent on these matters in an international contract concerning intellectual property. To this end, this chapter first analyzes the law applicable to the contract, then the competent authority for dispute resolution. Finally, it analyzes the regulation included in the Draft General Act on Private International Law for Colombia prepared by the Instituto Antioqueño de Derecho Internacional Privado.