scholarly journals The Franchise Agreement in International Trade: its Advantages and Disadvantages

2021 ◽  
Vol 39 (69) ◽  
pp. 296-316
Author(s):  
Mohammad Mehdipour ◽  
Parviz Bagheri
Keyword(s):  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Know How ◽  
Advantages And Disadvantages ◽  
Limited Duration

The aim of the article is to analyze the implications of the franchise agreement in international trade. One of the contracts that is usually registered after the appearance and registration of property rights, and especially after the development of trademark rights, is the franchise agreement. A franchise agreement is a contract entered into between the franchisor and the franchisee as the owner of the intellectual property rights. In other words, the franchisee often uses trademark rights and intellectual property rights owned by the franchisor, which have a limited duration. It is concluded that, in franchise agreement, there is a right to enforce the franchisor's business method, which is implemented within the network (this method includes the use of intellectual property rights and know-how). This contract has detailed terms and is closely related to intellectual property rights and competition rights. The franchise must be distinguished from the distribution contract, the concessionaire, and the license. Under this agreement, the franchisee enters the franchise network and agrees to use the franchisor's method of negotiation and pay royalty-free payments instead.

Significant choice-of-law interests and its impact on the formation of choice-of-law regulation in the field of intellectual property

2021 ◽  
pp. 186
Author(s):  
Svetlana I. Krupko
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The State ◽  
Close Connection ◽  
Choice Of Law ◽  
Applicable Law ◽  
Advantages And Disadvantages ◽  
Special Rules

This article analyzes the choice-of-law interests of specific and potential participants in the relations of intellectual property rights and the state in order to establish the closest connection of the above type of relation with the state, whose law should be applied. Taking into account the directionality of significant choice-of-law interests, advantages and disadvantages of territorial and universal approaches, a theoretically based solution is proposed for the formation of a general choice-of-law rule on the law to be applied to the relation of intellectual property rights. It was revealed in the study that the diversity of the relations of intellectual property rights (their obligatory and non-obligatory, property and personal non-property nature, other differences in legal features) does not automatically generate a multidirectionality of significant choice-of-law interests that should be taken into account when establishing a close connection of the above type of the relation with the state for determination of applicable law, does not prevent the formation of a general choice-of-law rule for the relations of intellectual property rights in general and does not unequivocally testify in favor of the specialization of its binding. However, the diversity of the relations of intellectual property rights should be examined and evaluated for the feasibility and limits of exceptions from the general choice-of-law rule and the development of special rules for resolving certain private of the relations of intellectual property rights.

scholarly journals Innovation IT-Payment Technologies as a Know-how and an Object of Intellectual Property Rights

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 518-535
Author(s):  
Ernest Gramatskyy ◽  
Inha Kryvosheyina ◽  
Volodymyr Makoda ◽  
Liydmyla Panova
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Information Technologies ◽  
Personal Data ◽  
Modern Society ◽  
Research Information ◽  
Know How ◽  
Legal Method ◽  
System Method

The modern society necessitates the introduction of new IT-solutions to meet its needs. With the spread of know-how, the need for its detailed analysis with the further determination of the direction of development. The purpose is to carry out an analysis of the introduction and functioning of know-how, as well as to determine the vectors of its use, taking into account the needs of participants in legal relations arising in this area. The subject of research – information technologies (know-how) as objects of intellectual property rights in their use. The methodological basis consists of the method of analysis, the method of synthesis, the dialectical method, the comparative-legal method, the system method, and the logical-legal method. The result of this work is to identify the importance of the information technologies in everyday life of modern society and the level of popularity of their use, outlining possible vectors of development in the economics in the direction of digitalization and justification of the need to improve the provisions of current legislation within the considered topic, expressing the idea of the direction of innovative information policy in the direction of active use of blockchain and maximum compliance with the protection of personal data of customers.

Intellectual Property Rights and Country-of-Origins Labels in the Luxury Industry

2021 ◽  
Author(s):  
Véronique Pouillard
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Country Of Origin ◽  
Nation Branding ◽  
International Competition ◽  
Protective Mechanisms ◽  
Know How ◽  
Substitute Products ◽  
Luxury Industry

Intellectual property rights and country-of-origin labels are two different and often complementary mechanisms of protection. Entrepreneurs in the luxury business use them to inform the consumer and the custom authorities, to protect their innovations and know-how, and also to enhance the narratives of their brands. These protective mechanisms are historically contingent and subject to reinforcement or weakening due to the entrepreneurs’ lobbying, due to governmental protectionism, and more generally due to international competition. Intellectual property rights are not complete systems of protection and present numerous asymmetries between various countries and industries. This chapter also addresses both the effectiveness and the weaknesses of intellectual property rights and of nation branding in informing the consumer, and in deterring the production and purchase of substitute products.

scholarly journals PENGATURAN PERDAGANGAN JASA DALAM HUKUM EKONOMI INTERNASIONAL

2017 ◽  
Vol 3 (1) ◽  
Author(s):  
Djoni Satriana
Keyword(s):  
International Economic ◽  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
International Business ◽  
Economic Activity ◽  
Rapid Development ◽  
Trade In Services ◽  
International Economic Law

International trade as one part of economic activity or business activities, in the last decade shows very rapid development, amid increasing concern businesses to international business activities. This phenomenon can be observed from the growing flow of circulation of goods, services, capital and labor between countries, as well as the development of business activities through relations import-export, investment, trade in services, license and franchise (license and franchise), intellectual property rights as well as various types of trade other international.Keywords: Setting for Trade in Services, International Economic Law

scholarly journals MAIN PROBLEMS OF COMMERCIALIZATION OF INTELLECTUAL PROPERTY FACILITIES IN KAZAKHSTAN

2021 ◽  
Vol 9 (2) ◽  
pp. 11-15
Author(s):  
Anargul' Kulembaeva ◽  
Al'mira Ksembaeva ◽  
Rysty Sartova ◽  
Mayra Kushenova ◽  
Gul'mira Nurbaeva
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
High Efficiency ◽  
Developed Countries ◽  
Trade Secrets ◽  
Know How ◽  
Improve Efficiency ◽  
Property Data ◽  
Commercial Organization

Commercialization allows customers to have a wider range of products and allows companies to generate more revenue, improve efficiency, and reduce costs. In the article, the authors characterize the main problems of commercialization of intellectual property objects, as well as the conditions that ensure the effectiveness of this process. The rights to commercialize intellectual property objects come from a commercial organization, and the owner retains the rights throughout his life as a legal leverage over competitors. Intellectual property rights broadly include patents, trade secrets, know-how, property data, registered designs, copyrights and trademarks, among others. The study revealed the experience of developed countries, which showed the importance and high efficiency of the commercialization of intellectual property objects. The authors identified the main directions of improving the process of commercialization of intellectual property objects.

Turning Trips on Its Head: An "IP Cross Retaliation" Model for Developing Countries

2010 ◽  
Vol 3 (2) ◽  
Author(s):  
Shamnad Basheer
Keyword(s):  
Developing Countries ◽  
International Trade ◽  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
The United States ◽  
Public Performance ◽  
Trade Disputes ◽  
Suspension Model ◽  
The U.S

The biblical David vs. Goliath paradigm plays out very frequently in international trade disputes. In 2003, a tiny island state, Antigua and Barbuda (hereafter Antigua) took on the United States (hereafter U.S.) in a WTO (World Trade Organization) dispute, alleging that the U.S. violated the General Agreement on Trade in Services (hereafter GATS) obligations by effectively foreclosing its borders to overseas internet gambling services. It won at both the panel and the appellate levels. However, to this date, it has been unable to secure compliance by the U.S.This paper considers “cross retaliation" by suspending intellectual property rights under the Trade Related Intellectual Property Rights Agreement (hereafter TRIPS) as a viable remedy for developing countries such as Antigua that often find themselves at the receiving end of WTO inconsistent measures maintained by countries that are economically more powerful.Towards this end, it proposes a “Tiered IP suspension model," where certain kinds of Intellectual Property (hereafter IP) are targeted first for suspension before others, depending on the ease of objectively ascertaining the harm caused by the unauthorized use of such IP and/or the potential to induce compliance by the defaulting state. Illustratively, copyrights over sound recordings that have established rates for public performance are targeted first. If working with this tier of IP subject matter does not yield desired results, then the complaining state moves on to other IP where it is relatively more difficult to compute the loss caused to the IP owner (such as pharmaceutical patents) but which may be a more powerful tool to induce compliance. Such a model could be useful for a large number of developing countries, such as India and Brazil, that often find that, despite WTO victories, scofflaw states such as the U.S. and EU fail to comply. Towards this end, this paper offers a very concrete “development" oriented international trade law remedy.

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