The Study In Law On Trade Name In Franchinsing

Franchinsing is a prevailing mode of business market in international, it holds dominant degree in many country's retail trade, our country is growing retail trade, hostel, tour ect .by franchinsing from 1980's . Business department promulgated <> on Dec. the 31th 2004. It has been brought into effect on Feb. the first day of 2005. The regulation defines franchinsing as "business franchinsing(for short franchinsing) is that franchisor and franchisee underwrite contract, the franchisor authorizes the franchisee to use his brand,trade name and business mode ect., the franchisee deals in in term of franchinsing contract, and pay for consideration." Every country's scholars and legislation have different argues, but we know every type franchinsing's core is immateriality property's authorization from franchinsing's character, it includes trade name. Everyone has different issues on trade name. This paper understand trade name in narrow sense, namely a part of enterprise name. In practice, there are many cases that customer claim for compensation to franchisor for franchisee's breach or infringment ,the court and civil scholar have different ideas about the cases. On the other hand , literatures on franchinsing dissertate franchinsing as whole, it have no literature to discuss specialtily trade name in franchinsing , our country have no law regulate trade name ,so the paper try to discuss specialtily trade name in franchinsing, and it will be worthy.The paper is composed of three parts :guideing, text and epilogue ,the guideing discusses the basic theory about franchinsing and trade name, includeing theirconcept character and types. The text is composed of four chapters, the first chapter dissertates making use of trade name by permission, analyzes necessarity of using, character, party's rights and obligations ect. The second chapter dissertates investing obstacle of trade name, qualification capital system ect. The third chapter discusses the civil obligations of using trade name , it has several different viewpoints on the civil obligations : employer's obligation , substitute obligation and agency with apparent authority theorys .Then the paper analyzes franchisor taking on obligation's modes and the infringment's important document .When the consumer inroad the franchisor's trade name ,what principle will be adopted to compensate for ?The fourth chapter discusses relations of competition law,including validity irregularity and component factors .The paper adopts syllogistic, reasoning ,compare illustrational statement and summary ways to write .The paper has 48000 words or so .