Приклади вживання Commercial concession agreement Англійська мовою та їх переклад на Українською
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Approval of the preliminary and main commercial concession agreements.
Cooperation under a commercial concession agreement has both positive and negative aspects for each of the parties.
The Law abolishes the requirement for the state registration of a commercial concession agreement.
Therefore, the registration of the commercial concession agreement is possible but it will probably take a lot of time and efforts.
The development of“franchised” relationships into competitive ones(the user can open his own business on the basis of experience andinformation obtained when working under a commercial concession agreement);
State registration of franchise(commercial concession) agreements is canceled.
The state registrars usually follow two ways: 1 refuse to register referring to the absence oflegal regulation on the procedure of state registration of the commercial concession agreements;
The procedure of state registration of the commercial concession agreements is not regulated for now.
In practice one commercial concession agreement is usually substituted by several commercial agreements, for example, license agreements which provide for the right to use particular objects of intellectual property.
Since these relations are not properly regulated at the legislative level,it is important to provide all essential conditions for cooperation in the commercial concession agreement, in particular, to determine in detail:.
Simply put, under a commercial concession agreement, the copyright holder transfers to the user, under certain conditions, a ready-made business model.
Part 4 of Article 1118 of the Civil Code of Ukraineenvisages that“in relations with the third parties, the parties of the commercial concession agreement have the right to refer to such agreement only from the moment of its state registration”.
Please note that sometimes the Commercial Concession Agreement may be confused with a Trademark License Agreement, since the latter may involve the transfer of both intellectual property rights and technical documentation to the user.
Due to the lack of regulatory regulation of“franchised” relationships, Ukrainian business has to use various legal models to formalize cooperation with partners, in particular,the parties enter into license agreements, commercial concession agreements, joint activities and the like.
Most often, for this form of doing business, a commercial concession agreement is applied in our country, which is the Ukrainian analogue of the franchising agreement. .
The state registrar is the official of respective executive committee of council or administration, but the question arises whether this official can be considered the authority, since, as it has been mentioned before, according to Part 2 ofArticle 1118 of the Civil Code of Ukraine, the commercial concession agreement is the subject to registration of the particular authority which carried out state registration of one of the parties.
The requirement to the state registration of the commercial concession agreement is imperative proceeding from the abovementioned definition as well as from the current court practice.
Along with the gaps in legislation that prevent active implementation of this agreement in Ukraine(for example, the absence of legal regulation on the procedure of disclosure of information on the subject of the agreement by franchiser which is unfavorable for the establishment of certain international corporations in the Ukrainian market),common problem of who and how must register the commercial concession agreement is not solved.
Therefore, the License Agreement, which is a Commercial Concession Agreement by its nature, may be recognized as contrary to the legislation of Ukraine(void or fictitious transaction).
Part II of Article1118 of the Civil Code of Ukraine envisages that the commercial concession agreement shall be the subject to state registration by the body which has registered the right holder.
If certain mandatory conditions of a commercial concession agreement are quite voluminous(company network standards, business financial model, guidelines for opening a company network center, personnel management guidelines, rules for manufacturing, selling products or providing services, etc.), then it is advisable to note them as annexes, and in the text of the contract itself, make an appropriate link to them.
Attention to When Concluding a Franchising Agreement? Insufficient legal regulation of conclusion offranchising agreements( commercial concession agreements) leads to a largenumber of disputes regarding violations of the terms and conditions of theagreement by this or that party thereto.
Thus, proceeding from the court practice the commercial concession agreement is valid from the moment of its conclusion, but it should be registered in order to be referred to the third party.
According to Part 3 of Article1118 of the Civil Code of Ukraine registration of the commercial concession agreement is executed by the state authority which has registered the user even if the right holder is registered in the foreign country.
According to the provisions of the Civil and Economic Codes of Ukraine, the Commercial Concession Agreement may provision the transfer of rights to use business reputation of the right holder, as well as intellectual property objects.
Since the right holdershall be the subject of entrepreneurial activity under the commercial concession agreement and the registration is carried out by the state registrar, the latter is also entitled to register the franchise agreements. .
In addition, the rightholder is obliged, unless otherwise provided by a commercial concession agreement, to control the quality of the goods(works, services) that are produced(performed, provided) by the user on the basis of the commercial concession agreement.
However, we cannot agree with the court decision, since the system analysis of Article 1118 of the CivilCode of Ukraine indicates that the moment of conclusion of the commercial concession agreement for its parties is prescribed by the general rule of Part 1 of Article 638 of the Civil Code of Ukraine from the moment of mutual consent as for all substantial conditions of the agreement. .
Franchise agreement(commercial concession)- is concluded with one person or company(franchisee) and any trade group(franchisor), which owns the registered mark and profitable business, for the right to use their trademark(brand) for their commercial purposes.
Legal supervision of preparation and conclusion of license agreements, contracts about the transfer of intellectual property rights, commercial concession contracts(franchise agreements), agreements of order to create objects of intellectual property law and others;