Franchise Agreement
This is a type of a license agreement in accordance with which a party may receive, apart from the right of a trademark use, the right to use other objects belonging to the holder: patents, know-how, commercial names and copyright.
Minimum to objects of licensable intellectual rights may be the subject of a franchise agreement, including the following:
- Trademark
- Patent
- Commercial name
- Know-how or trade secret
- Copyright
As a rule such agreements are made by owners of a well-organized and smoothly working business model in order to enhance the business and obtain additional profit from use of other trademarks and other intellectual rights.
Correct preparation and registration of a franchise agreement is a complicated procedure.
Trademark attorneys and lawyers of Zuykov and Partners having the required experience in preparation of franchise agreements will be happy to help you in solving this and many other issues, will give you detailed advice and do all required actions related to the transfer of rights to intellectual property objects.
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A commercial concession allows the owner of intellectual property to transfer for use a set of intangible assets such as means of individualization, production technologies, and others. The text indicates the content and scope of the rights granted for use, as well as designate the territory of the agreement. The franchise agreement is concluded on a compensatory basis and with an indication of the duration. If such an interval has not been designated, it is allowed to terminate the contract on the initiative of either party ex parte before expiry with the obligatory notification of the other party. When registration in the Patent Office is provided for the intellectual property specified in the franchise agreement, the agreement must also be drawn up in Rospatent.
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