Efectos del tratado de libre comercio entre Colombia y estados unidos en torno al contrato de franquicia internacional

Abstract

The international franchise contract is maybe the most important contract of entrepreneurial collaboration in the development of the present business world, because it allows franchisors to bring their models of business to other countries without a high investment, and on the other hand, it allows franchisees to invest in a business, whose probability of success finds support in the intellectual property licensed by the franchisor. However, its regulation in the domestic legislations, as well as, in the international commercial law has been limited. With the entry in force of the Free Trade Agreement (FTC) between Colombia and the United States, raising business opportunities are expected. Within this context, the franchise contract will become one of the most usual legal instruments in the international commercial relations, in order to materialize those business opportunities. Due to the lack of mandatory regulation of the franchise contract, it is then necessary to analyze the legal implications of this contract against the rules established by the FTC between Colombia and the United States.