Franchise disputes

Franchise disputes

Why

Why

Sometimes, franchise contracts are drafted in such a way that problems arise during their execution. If there is a dispute in a franchise relationship and one party plans to hold the other party accountable , such liability can be either contractual (according to the terms of the contract provided for in the event of violations) or non-contractual (according to the legislation of the Russian Federation).
1237 Note. According to article 1237 of the Civil Code of the Russian Federation, the use of an object of intellectual property in a manner not provided for by the license contract, either upon termination of the contract, or otherwise outside the rights granted to the licensee under the contract, entails liability for violation of the exclusive right established by the Civil Code of the Russian Federation, other laws, or the contract.
When making or receiving claims, it is necessary to correctly qualify the situation that has arisen and determine the applicable contractual and legal provisions.
For whom

For whom

The parties to the franchise contract are the franchisor (copyright holder) and the franchisee (user). We provide legal support regardless of which party the client is.

Details

Details

Our company’s specialists have experience in identifying the hidden features of franchise contracts. This knowledge helps us to successfully conduct written and oral negotiations between conflicting parties at the pre-trial stage. We write claims and prepare answers to them, organize meetings of the parties, participate in them and not only defend the interests of the client, but try to show the opposite side a broader picture of the dispute and focus on the interests of both parties.

Going to court is necessary , our team will prepare a defense or attack strategy , draw up procedural documents, and participate in court sessions.
News and publications
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.
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).
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.