INTELLECTUAL PROPERTY AND FRANCHISING LAWS IN INDIA BY MANVI SINGH @LEXCLIQ

Q. What is a franchise ?

Ans.The term franchise is not defend in India law but it is described by blacks law dictionary as : a license from the owner of trademark or trade name authorizing another to offer a product or service under that name or mark individual own and manage franchise but they are branded and overseen by much larger global corporation.

LEGAL ISSUES GOVERNING FRANCHISE  : 

1.Franchising Agreement

2.Intellectual property and its protection

3.Competition and taxation concern

4.Agency

5.Tortious issues

6.weighting and measurement concern

7.Data Protection

8.Property laws

9.Labour law

10.other

Intellectual Propery rights and its protection in franchising.In India there is no specific comprehensive single law which regulates or govern the intellectual property in franchising business and it’s related aspects.There are different laws which govern various aspect of intellectual property.

MAJOR LAWS IN THIS REGARD ARE : 

1.Indian contact act , 1872

2.Trade Mark’s Act , 1999

3.The copyright Act , 1957

4.Patent Act , 1970

5.Design Act , 2000

INDIAN CONTRACT ACT 1872 

Although the indian contract act in itself does not provide for laws or provisions relating to intellectual property or franchising or both however before forming of a franchise on contract is to be prepared with cover all the particular of the franchise to be formed.This contract is called Franchising Agreement . The Indian contract Act 1872 would be applicable to all franchising arrangement.

TRADE MARKS ACT 1999 

A trade mark registered in the name of proprietor,shall be used by him only , However under section 48 of the Act is provided for use of trademarks other than the registered proprietor called as registered user.Registered user can use trademark in respect of any or all of the goods or services in respect of which the trade mark is registered.Sec 49 of the act provides for registration user.  A joint application by registered user and proprietors shall be submitted before registered.

THE COPYRIGHT ACT 1957 

Every copyright shall be registered by it’s  owner under this act.Any franchise would require the right to use the copyright of the parent business to be identified as it franchise.Section 30 of the franchise agreements requires the franchise to seek a license from the copyright owner in order to use the copyright in his business . Any interest in the right may be granted by a license in writing by the owner of the copyright in any current work or the potential owner of the copyright in any future work.

THE PATENT ACT 1970

Every Patent is required to be registered with the registrar. An assignment of a patent or a share in a patent,a mortgage,license or the creation of any other interest in a patent shall not be valid unless it is in writing and the agreement.

WRITTEN BY MANVI SINGH…

Leave a Reply

Articles

How to Watch ‘Hocus Pocus 2’ Online — Release Date, Time, Cast, and More

Release date and time: Hocus Pocus 2 debuts on Disney Plus on Friday (Sept. 30) at 3 a.m. ET. Cast: Bette Midler, Sarah Jessica Parker, Kathy Najimy, Doug Jones, Whitney Peak, Lilia Buckingham, Belissa Escobedo, Hannah Waddingham, Tony Hale, Sam Richardson Director: https://zencastr.com/WATCH-Hocus-Pocus-2-2022-Streaming https://www.podchaser.com/lists/watch-hocus-pocus-2-movie-2022-online-streaming-on-disney-107u29x78k https://www.iamtn-network.org/profile-1/hocus-pocus-2-move-full-sub-eng-hd-2022/profile https://www.iamtn-network.org/profile-1/hocus-pocus-2-how-to-watch-online-with-disney-plus/profile Anne Fletcher Running time: 1 hour and 43 minutes […]

Read More
Articles LexCliq Services

Impact Keto Chrissie Swan Australia Exposed Formula, Is Keto Apple Gummies Safe? SCAM ALERT, Official Price!

Product Name – Impact Keto Chrissie Swan Australia ✔️Category – Health ✔️Side-Effects – NA ✔️Price for Sale – Best Price ✔️Availability – Online ✔️Rating -⭐⭐⭐⭐⭐ ✔️Official Website – [SALE IS LIVE] Hurry Get Your “Impact Keto Chrissie Swan Australia” Best Deal For 1st User Limited Time Offer!! What are the advantages and benefits given by […]

Read More
Articles

Bio Lyfe Keto Gummies Reviews (Scam Or Trusted) Beware Before Buying

Bio Lyfe Keto Gummies are a reasonable extraordinary and hearty course of activity. They incorporate present day and standard adornments to address or fix logical issues. You need to kill the cannabinoids from the plant with exorbitant mind fulness. It very well might bejoined with first rate trimmings to make it extra enormous and taste better.The […]

Read More