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 :
2.Intellectual property and its protection
3.Competition and taxation concern
6.weighting and measurement concern
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…