Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The nature of the franchise contract and the obligations arising from it in Iranian jurisprudence and law

Document Type : research

Authors
1 Ph.D. student of private law, Faculty of Law, Damghan Branch, Islamic Azad University, Damghan, Iran..
2 Assistant Professor, Department of Private Law, Damghan Branch, Islamic Azad University, Damghan, Iran.
10.22034/ejs.2024.419945.1568
Abstract
Background and Aim: intellectual property rights are a new branch of civil rights that has been created due to the expansion of science and the creation of literary and artistic works. The purpose of intellectual and moral property rights is to protect this category of works. The progress of intellectual property rights in commercial activities has turned franchise contracts into a type of commercial contracts.
Materials and Methods: This article is descriptive and analytical. The materials and data are also qualitative and data collection has been used.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: From the point of view of jurisprudence and law, the franchise contract is very similar to the right of usufruct because the franchise contract is a contract whereby one party (franchisee) gives to another party (franchisee) the right to practice a profession in exchange for material differences. on behalf of the franchisee and in his name, and therefore the franchisee has the right to use the name and trademark and other intellectual property rights, experimental knowledge and experimental methods belonging to the franchisor.
Conclusion: In the franchise contract, the obligations that are burdened by both parties of the franchise contract are very diverse. Obligations in this field can be divided into two categories: a) Obligations related to financial issues, such as the right to pay, royalties. b) Non-financial obligations, such as compliance with the exclusive right to benefit from the franchise, the franchisor's requirements in the franchise agreement.
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