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Main issues in the regulation of licence arrangements on foreign trademarks: The Latin American experience
Authors:Carlos Correa
Abstract:The licensing of foreign trademarks has become an issue of concern for a majority of Latin American governments during the last decade. The impact of such arrangements on the balance of payments, the growing dependence of licensees vis-à-vis the licensor, and the risks involved in the development of new markets through the use of licensed trademarks have, among other reasons of public policy, led to the adoption of a number of regulatory measures. These range from the control of restrictive practices, the price and duration of such arrangements, to the direct limitation of the use of foreign trademarks. The implementation of these measures, however, has encountered serious obstacles and, in some cases, has not achieved their declared aims. Therefore, the appropriate regulation of licensing on foreign trademarks is, to a great extent, still an unresolved issue.
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