Contract law. Commercial concession agreement (most important)

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Contract law. Commercial concession agreement (most important)

Lecture notes, cheat sheets

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65. COMMERCIAL CONCESSION AGREEMENT

Commercial concession agreement - an agreement under which one party (right holder) undertakes to provide the other party (user) for a fee for a period or without specifying a period of time the right to use in the user's business activities a set of exclusive rights belonging to the right holder.

The commercial concession agreement is consensual, paid, bilateral.

The subject of the contract A commercial concession is a set of exclusive rights assigned to the right holder and individualizing either him (the right to a trade name or commercial designation) or the goods produced by him, the work performed or the services provided (the right to a trademark or service mark). The subject of the specified agreement may also include other objects of intellectual property, as well as the possibility of using commercial information, business reputation and commercial experience of the copyright holder.

Mandatory component of the subject concession agreement in accordance with paragraph. 1 Article. 1031 of the Civil Code of the Russian Federation is to instruct the user and his employees on all issues related to the exercise of the rights transferred to him by the copyright holder.

The right holder undertakes (essential terms of the concession agreement):

a) transfer to the user the documentation and other information necessary for the exercise of the rights granted to him;

b) instruct the user and his employees on issues related to the exercise of these rights;

c) ensure the execution of the necessary licenses (registration of the agreement in the patent office) and their transfer to the user

The user undertakes (also the essential terms of the concession agreement):

a) use the trade name and commercial designation of the right holder only in a manner strictly defined in the contract;

b) not to disclose confidential commercial information received from the right holder;

c) ensure that the quality of goods produced or services provided is consistent with the quality of similar goods or services produced or provided by the right holder;

d) comply with the instructions and instructions of the right holder aimed at ensuring such compliance;

e) provide consumers with additional services provided by the right holder to their consumers.

The copyright holder bears vicarious liability with the user for providing inadequate quality goods or services. The copyright holder bears joint and several liability in the case when the user is the manufacturer of the right holder's goods.

Author: Rezepova V.E.

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