Franchising is a widespread and dynamically developing form of commercial cooperation in Uzbekistan. It provides unique local market opportunities for entrepreneurs and potential investors. In this article the main aspects of franchising in the context of Uzbek legislation will be considered, and key factors that must be considered before concluding a franchise agreement will be identified.
Regulation of franchising is carried out with consideration to the provisions of the Civil Code of the Republic of Uzbekistan dated December 21, 1995 (hereinafter referred to as the “Civil Code”), including other legislative acts that establish the fundamental rules and conditions for the conclusion and execution of franchise agreements. The following regulations are some of the main ones:
- Law of the Republic of Uzbekistan “On Competition” No.319 dated January 6, 2012 (hereinafter referred to as the “Law on Competition”);
- Resolution of the Cabinet of Ministers of the Republic of Uzbekistan “On approval of the administrative regulation for the provision of public services for the state registration of franchise agreements (franchising)” No.346 dated June 24, 2022 (hereinafter referred to as the “Regulation on Franchising Agreements Registration”);
- Rules on the Registration of agreements on the transfer of rights to an invention, utility model, industrial design, selection invention, trademark, service mark, and license agreements for their use, agreements on the transfer of rights to an integrated circuit topography, the
- transfer of all property rights and the transfer of property rights to the program for electronic calculating machines or database No.8-mx dated March 31, 2022 (approved by the Order of the Minister of Justice, registered on March 31, 2022, under No. 3359) (hereinafter referred to as the “Rules on registration of license agreements”);
- and other legislative acts.