USE AND PROTECTION OF CERTAIN RIGHTS OF INTELECTUAL PROPERTY IN FRANCHISING CONTRACTS

Abstract

Franchising business concept, realized in practice by franchising contracts, has the elements of many legal institutes. Among the most importantes, crucial for it“s realization, are the institutes of intellectual property rights. In the corpus of intellectual property rights, generally used in franchising, the most important ones are kinds of undisclosed informations; at first, the institute of know-how, and, the other rights very similar to it. These institutes are trade secrets (generally considered as a special part of know-how).

This article is dealing with use of know-how and the trade secrets in franchising contracts, at first in the master franchising contracts (because the master franchising contract is the most interesting and the most complicated of all franchising agreements), but into the franchising contract in general, also.

Besides the use of know-how and trade secrets, as the most importante institutes of intelectual property rights for franchising method of business, author is analizing the question of the protection of those institutes in franchising contracts.