24.07.2023

Types of intellectual property rights used in franchising agreements in Russia

Franchising is a successful business model that allows companies to expand their market presence while maintaining control over the quality of the products or services they offer.

A commercial concession agreement, which is exactly what a franchise is called in Russian law, is an agreement under which a set of rights to intellectual property objects is transferred, which is the basis of such interaction between the franchisor and the franchisee. In Russia, the most common of them are trademarks, patents and copyrights, know-how.

A trademark is a unique mark or symbol that identifies and distinguishes the goods or services of one manufacturer from those of another. The right to a trademark arises from the right holder from the moment of its registration by Rospatent. Valid for 10 years, while protection can be extended an unlimited number of times, also for 10 years. The right to a trademark is valid on the territory of the entire Russian Federation, and can be extended beyond its borders (according to the Madrid system).

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