Current location - Trademark Inquiry Complete Network - Trademark inquiry - 1. What conditions do enterprises need to meet in order to use the commercial franchise chain operation model (please refer to legal regulations Original work, author: Zeng Huahua, Intellectual Proper
1. What conditions do enterprises need to meet in order to use the commercial franchise chain operation model (please refer to legal regulations Original work, author: Zeng Huahua, Intellectual Proper
1. What conditions do enterprises need to meet in order to use the commercial franchise chain operation model (please refer to legal regulations Original work, author: Zeng Huahua, Intellectual Property Department of Beijing Yingke (Wuhan) Law Firm Deputy Chief Lawyer Patent Attorney Commercial franchising is a relatively common form of business operation model, especially in the service and catering industries. The brands of commercial franchising are well-known, such as Pierre Cardin, Crocodile, Giordano, etc. After more than two decades of rapid development, my country's commercial franchising has reached a considerable scale. The total number of franchise stores nationwide exceeds 1 million, covering more than 70 industries and absorbing more than 10 million jobs. So, for commercial franchising. , what are the basic requirements? First, the franchisor must be an enterprise. The "Franchise Contract" signed by a non-enterprise as a franchisor is invalid. Article 3, Paragraph 2, of the "Commercial Franchise Management Regulations" clearly stipulates that other than enterprises. Units and individuals are not allowed to engage in commercial franchise activities as franchisors. Second, the franchisor must have operating resources. The "Commercial Franchise Management Regulations" clearly stipulate that commercial franchising refers to having registered trademarks, corporate logos, patents, and proprietary rights. For enterprises with business resources such as technology, experience resources that are not expressly stipulated in the law include copyrights, trade names, trade secrets, etc. Third, the franchisor must have at least 2 direct-operated stores when engaging in franchising activities, and the operating time must be more than 1 year. A mature business model and the ability to continue to provide business guidance, technical support, business training and other services to the franchisee. Fourth, the franchisor should be registered with the competent commercial department from the date of first signing the franchise contract. Within 15 days, it shall be filed with the competent commerce department in accordance with the provisions of these regulations. Those who engage in franchise activities within the scope of a province, autonomous region, or municipality directly under the Central Government shall be filed with the competent commerce department of the people's government of the local province, autonomous region, or municipality directly under the Central Government; if it is across provinces, autonomous regions, or municipalities directly under the Central Government, Those engaging in franchising activities must register with the competent commerce department of the State Council. Fifth, the franchisor shall not engage in deceptive or misleading behavior during promotion and publicity activities, and its advertisements shall not contain information about the franchisee's income from franchising activities. Sixth, the franchisor shall provide the franchisee with the information specified in Article 22 of the "Commercial Franchise Management Regulations" in writing at least 30 days before the date of conclusion of the franchise contract, and provide the text of the franchise contract. . Seventh, the information provided by the franchisor to the franchisee must be true, accurate, and complete, and the franchisor must not conceal relevant information or provide false information. If there is a major change in the information provided by the franchisor, the franchisee must be notified in a timely manner. . If the franchisee conceals relevant information or provides false information, the franchisee may terminate the franchise contract. It can be seen that the state has very strict and detailed regulations on commercial franchising. If the franchisor cannot comply with the relevant regulations, Not only may the contract be revoked and you may be liable for civil compensation, but you may also be subject to administrative penalties from the administrative authorities. If you are suspected of false publicity or contract fraud, you may also be held criminally responsible. If you want to engage in business franchising, it is recommended that you learn about the relevant legal regulations and consult a professional lawyer to handle it.