Developing franchise contracts
Developing franchise contracts
Why
Franchising is the copying of successful business, e.g. a coffee shop, a children's development center or a barbershop. Nothing will protect a franchise better than a competent franchise contract, under which the rights to use the trademark (brand), copyright objects (brand book with visual style and other information) and trade secrets, or know-how (regulations on building processes). The task of a franchise contract is to help both the franchisor and the franchisee work.
For whom
A clear and competent contract is required for both parties to the franchise relationship — the copyright holder and the user — regardless of whether the franchise is a product franchise or a service one.
Details
We help create a franchise contract that will be convenient to use in your work. The contracts we develop can be divided into commercial concession contracts and mixed license contracts.
1027 Note. “Franchising” is not a term in the legislation of the Russian Federation. Its analogue is a commercial concession contract, introduced by Article 1027 of the Civil Code of the Russian Federation and concerns the use of a complex of exclusive rights of the copyright holder, including the right to the trademark and other objects.
The granting of rights under a commercial concession contract is subject to mandatory registration. Often the parties resort to a mixed license contract (for example, for objects of copyright and trade secrets): such contracts do not require registration in the absence of a transfer of rights to the trademark.
During the development of contracts, our specialists follow a specific algorithm of actions:
During the development of contracts, our specialists follow a specific algorithm of actions:
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clearing the rights transferred under the contract in order to make sure that they really belong to the copyright holder (this is often not the case)
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developing the concept of the contract, choosing the basic structure and taking into account various situations that may arise during cooperation
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drawing up the contract itself in the style agreed with the client ( using simple and understandable language is recommended);
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implementing the contract and holding seminars for staff after once corrections are made on the client’s behalf and the final text is approved.
If necessary, our specialists accompany the signing of the first two franchise contracts in order to work out the contract with the partner alongside the client.
We also provide a service to potential franchisees for the legal examination of contracts proposed for signing by the franchisor.
We also provide a service to potential franchisees for the legal examination of contracts proposed for signing by the franchisor.
Services
News and publications
07/10/2020
WIPO Discussion on Artificial Intelligence
On July 7–9, 2020, the second round of the World Intellectual Property Organization Discussion on the Role of Artificial Intelligence in Determining Intellectual Property Policy was held.
01/22/2020
Tobacco Company Trademark Infringement Dispute
Svetlana Uskova gave comments to Delovoy Peterburg on the dispute between two tobacco companies — Petro LLC (St. Petersburg) and Samarin LLC (Moscow).
05/12/2019
Use of geographic names in the registration of trademarks
By the Resolution of the Presidium of the Court for Intellectual Property Rights (SIP) dated 12.09.2019 No.SP-21/31, a Review on SIP practice on issues related to the use of geographical names in the registration of trademarks was taken into account.