Table of contents (expand)
- Subject, method and principles of commercial law
- Trade Law
- Non-legislative sources
- State control over compliance with the rules of commercial activity
- Protection against illegal actions of regulatory authorities
- Individual entrepreneur
- Responsibility of an individual entrepreneur. Termination of its activity
- Commercial organizations
- Separate and non-separate divisions
- Objects of civil rights of an entrepreneur
- Money (currency) and securities
- Real estate. Works and services. Accounts receivable. debts
- Product concept
- Means of individualization of a commercial organization
- Means of individualization of products, goods, works or services
- The concept of a commodity market
- Structure and infrastructure of the commodity market
- Markets of perfect and imperfect competition. Protection of competition
- The concept of competition under Russian law
- Abuse of an economic entity by its dominant position
- Commodity exchange
- Features of exchange trading
- Auction house. auction trading
- Organization of auction trade. Auction technique
- wholesale fair
- Commercial commitment
- Classification of commercial obligations
- Commercial transaction: concept and types
- Contract in commercial activity
- Content of the contract
- Form of contract
- Interpretation of the contract. Registration of the contract
- Ways to conclude a contract
- Change and termination of the contract. Change of persons in obligation
- Types of civil law contracts used in commercial activities
- The concept and types of commercial contracts
- The concept of the sale of goods, works or services. Implementation agreement
- Barter agreement
- Trade credit agreement
- Legal regulation of contractual relations. Preamble to the treaty
- Identification of the legal status of the counterparty in the transaction
- subject of a contract
- Product quality
- Packaging and labeling
- Assortment, completeness and set of goods. Delivery time
- The main obligations of the parties. Time of transfer of ownership
- The difference between a supply contract and a retail sale contract
- Price basis
- Principles for determining the price of goods, works or services for tax purposes
- Form of non-cash payments. Settlements by payment orders
- Settlements by letter of credit, by collection, by checks
- Information constituting a trade secret
- Responsibility and procedure for settling disputes of entrepreneurs
- Ways to ensure the fulfillment of contractual obligations
- Penalty
- Pledge and retention
- Surety agreement. Deposit
- Bank guarantee
- Operational measures. Options for the supplier in case of violation of obligations by the payer
- Options for the payer in case of violation of obligations by the supplier
- Termination of obligations under the contract
- Commercial representation
- Commercial mediation. Labor representation
- Contract of agency
- Commission agreement
- Agency contract
- Transportation of goods. Contract for the carriage of goods
- Agreement on the organization of cargo transportation. Chartering agreement (charter). Freight Forwarding Agreement
- The concept and types of warehouse services
- Warehousing agreement
- Warehouse receipts
- The concept and general characteristics of franchising. Commercial concession agreement
- Varieties of franchising
- Benefits of franchising as a type of business activity for its participants
- The concept of marketing activities
- Concept, principles, types and goals of marketing research. Sources of information
72. CONCEPT AND GENERAL CHARACTERISTICS OF FRANCHISING. COMMERCIAL CONCESSION AGREEMENT
Franchising is a new progressive system of business organization, which is used by the largest market participants to distribute their technologies under their own brand name. This is such a form of cooperation between independent entrepreneurs, in which one, who has successfully created one or more enterprises in a certain business area (franchisor), provides other entrepreneurs (franchisees) on a reimbursable basis with the right to use their own way of doing business, which by the time of interaction has been recognized and commercial success. Moreover, franchising generates a new participant in commercial activities, the so-called franchising broker, who acts as a link between the franchising participants, on the basis of an agency agreement (Chapter 52 of the Civil Code).
Franchising is based on commercial concession agreementwhen one party (the copyright holder) undertakes to provide the other party (the user), for a fee for a period or without specifying a period, the right to use in the user’s business activities a set of exclusive rights belonging to the copyright holder, including the right to a company name and (or) commercial designation of the copyright holder, on protected commercial information (for example, know-how), as well as on other objects of exclusive rights provided for in the contract - trademark, service mark, etc., with the exception of the name of the place of origin of the goods, since in this case it is important to link the production of goods to a certain area (for example, “Gzhel”, “Palekh”), where secrets and traditions are kept.
Commercial concession agreement - consensual, reimbursable, bilaterally binding, complex (contains rules on the rights to use objects of exclusive rights both subject to registration with the patent office (for example, a trademark) and not subject to registration (for example, a commercial designation), as well as rules on joint activities) . The parties to this agreement are the right holder and the user - individual entrepreneurs and (or) commercial organizations.
An essential term of the contract commercial concession, in addition to the subject, is the volume of use of the subject of commercial concession.
A commercial concession agreement is subject to registration by the justice authority at the location of the right holder or user. In relation to third parties, the commercial concession agreement is considered to have entered into force from the moment of its registration.
If the object of the commercial concession agreement is subject to protection in accordance with patent law, the commercial concession agreement, in addition to registration with the justice authorities, must also be registered with the federal executive body in the field of patents and trademarks - the Russian Agency for Patents and Trademarks. Failure to comply with this requirement entails the nullity of the commercial concession agreement as a whole or in part of this object.
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