Keywords
Foreign Investment
Developing Countries
International Treaties
Commercial Treaties
Intellectual Property Rights
Foreign Investments
Bilateral Investment Treaties
How to Cite
Abstract
This document addresses the Bilateral Investment Treaties (BITs) and the effect they have on the protection of the Intellectual Property agreed between both parties. It exposes the specific case of the BIT between Colombia and Spain, analyzing the specific clauses related to the subject. Finally, it concludes that for a country like ours, that is, a Developing Country (DC), it is more convenient to boost debating and negotiating Intellectual Property in the international forums of the World Trade Organization (WTO), World Intellectual Property Organization, or even the Andean Community of Nations rather than bilateral relations, as it happens in investment agreements. However, due to the government’s incursion to the BIT trend, this paper also concludes with a series of recommendations to fit the handling of IP in this context, and others, to be prepared in case there are any claims by investors whose rights may result infringed.This journal is registered under a Creative Commons Attribution 4.0 International Public License. Thus, this work may be reproduced, distributed, and publicly shared in digital format, as long as the names of the authors and Pontificia Universidad Javeriana are acknowledged. Others are allowed to quote, adapt, transform, auto-archive, republish, and create based on this material, for any purpose (even commercial ones), provided the authorship is duly acknowledged, a link to the original work is provided, and it is specified if changes have been made. Pontificia Universidad Javeriana does not hold the rights of published works and the authors are solely responsible for the contents of their works; they keep the moral, intellectual, privacy, and publicity rights.
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