Resumo
The franchise agreement in the Russian Federation is the main agreement that formalizes the relationship for organizing a business in the form of franchising. Under a franchise agreement, one party (franchisor) undertakes to provide the other party (user), for a fee, for a period or without specifying a period, the right to use in the user's business a set of exclusive rights belonging to the franchisor, including the right to a trademark, service mark, as well as rights to other objects of exclusive rights provided for by the agreement, in particular to a commercial designation, a secret of production (know-how). The paper analyzes the content and features of this agreement.
Referências
Baghdasaryan, A.F. Civil law problems of concluding a franchising agreement: thesis for the degree of candidate of legal sciences. - Moscow,.- 257 p. (2008).
Dudin, D.I. The counterparty prohibits concluding similar agreements with third parties. When such a prohibition complies with the law. Arbitration practice, 9, P. 57. (2014).
Kulakovsky, V.V. Antimonopoly regulation of a franchise agreement. Property relations in the Russian Federation, 10, 95 - 102(2017).
Raad, P. EFFECTIVENESS OF EU LAW AND POLICY ON VERTICAL RESTRAINTS AT PROTECTING COMPETITION. Wroclaw Review of Law, Administration & Economics, 3(1), 119-125 [Digital source]. URL: https://cyberleninka.org/article/n/670884 (access mode: 06.07.2020). (2014).
Sitdikov, R.B. Legal protection of know-how in Russia. - M.: Statut,- 144 p. (2017).
Sova, V.V. Agreements on the disposal of the exclusive right to intellectual property: today and tomorrow. Property relations in the Russian Federatio, 12, P.9. (2015).
Suvorov, Yu.A. Agreements on exclusivity" in the light of antimonopoly legislation. Competition law, 1, P.26. (2019).
Yuritsin, A.A. Franchising and franchise agreement: results and prospects of legal regulation: monograph. - M.: Yustitsinform,.- 134 p. (2018).
COMMISSION REGULATION (EC) NO 2790/1999 of 22 December 1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices // Official Journal of the European Communities. 29.12.1999. L 336/21-25.EUR-Lex [Digital source]. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A31999R2790 (access mode: 06.07.2020).
Federal Law dated 28.12.2009 No. 381-FZ No. "On the Foundations of State Regulation of Trade Activities in the Russian Federation". Collected Legislation of the Russian Federation. 2010. No. 1. Article 2.
Dudin, D.I. The counterparty prohibits concluding similar agreements with third parties. When such a prohibition complies with the law. Arbitration practice, 9, P. 57. (2014).
Kulakovsky, V.V. Antimonopoly regulation of a franchise agreement. Property relations in the Russian Federation, 10, 95 - 102(2017).
Raad, P. EFFECTIVENESS OF EU LAW AND POLICY ON VERTICAL RESTRAINTS AT PROTECTING COMPETITION. Wroclaw Review of Law, Administration & Economics, 3(1), 119-125 [Digital source]. URL: https://cyberleninka.org/article/n/670884 (access mode: 06.07.2020). (2014).
Sitdikov, R.B. Legal protection of know-how in Russia. - M.: Statut,- 144 p. (2017).
Sova, V.V. Agreements on the disposal of the exclusive right to intellectual property: today and tomorrow. Property relations in the Russian Federatio, 12, P.9. (2015).
Suvorov, Yu.A. Agreements on exclusivity" in the light of antimonopoly legislation. Competition law, 1, P.26. (2019).
Yuritsin, A.A. Franchising and franchise agreement: results and prospects of legal regulation: monograph. - M.: Yustitsinform,.- 134 p. (2018).
COMMISSION REGULATION (EC) NO 2790/1999 of 22 December 1999 on the application of Article 81(3) of the Treaty to categories of vertical agreements and concerted practices // Official Journal of the European Communities. 29.12.1999. L 336/21-25.EUR-Lex [Digital source]. URL: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A31999R2790 (access mode: 06.07.2020).
Federal Law dated 28.12.2009 No. 381-FZ No. "On the Foundations of State Regulation of Trade Activities in the Russian Federation". Collected Legislation of the Russian Federation. 2010. No. 1. Article 2.
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