Abstract

CASTRO, Yira López. Freedom of Contract and the Coexistence of Trademark Registrations in Colombia. Estud. Socio-Juríd [online]. 2011, vol.13, n.2, pp.353-378. ISSN 0124-0579.

In trademark systems such as the Andean Community, a state authority verifies that the marks are distinctive, lawful and do not affect third parties, and after that, given their ownership. In this context, particular interest has sparked the possibility of individuals by agreements or statements of co-existence, are who ensure that their signs meet the conditions for simultaneous registrations. Such agreements for the coexistence of marks are problematic if one thinks that the holders of interests that would be available also seem to matter to consumers, competitors and the market. Therefore, define the scope of contractual freedom in the field of trademark law, whose rules are considered imperative, acquire practical and theoretical importance because its realization i) recognizes the risks that may be relevant to evaluating trade agreements and ii) contributes to debates on the role of private autonomy in areas reserved for non-derogable norms. Thus, this research puts the declarations of consent for the coexistence of registrations in Colombia, in a larger scope of the limits of freedom of contract.

Keywords : trade mark agreements; freedom of contract; trademark registrations; unregistrable distinctive signs; Decision 486 of 2000.

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