REFLECTIONS ON SOFTWARE LICENSING AGREEMENTS IN THE ANDEAN COMMUNITY

This working paper examines software licensing agreements in the Andean Community (CAN), comprising Colombia, Ecuador, Peru, and Bolivia. It highlights that these agreements, lacking normative standardization, constitute atypical contracts requiring special attention to ensure proper exploitation of protected works. The CAN operates under a common copyright framework established by Decision 351 (1993), which recognizes software as protected literary works. While each CAN member state has harmonized its national legislation with this Decision, they retain autonomy in dispute resolution. All four countries recognize software under copyright regimes but acknowledge the need for common procedural laws to effectively resolve conflicts. The study concludes that despite existing legal protections, more efficient mechanisms are required to strengthen software licensing frameworks across the region.