WIPO National Seminar on Trademarks and Franchising Sector (Part4)

For franchisee, it is necessary to always remember on his mind that he is using a well-known brand of franchisor for a limited period of term. Franchising Agreement is executed and appeared between parties upon recognizing the good well of brand for which franchisor has spent his time, money and human resources. This is the vital concept of a franchising business. Therefore, in franchising business, trademark, service mark, copy right, patent and design play an important role. Trademark licensing and franchising agreement can be executed under existing Myanmar Contact Act 1872. And also in India, Franchising Agreement matters are executed under Indian Contract Act 1872. But in India, not only IP laws but also Consumer Protection Act, competition law and unfair trade practice are in forced. Thus, there is no doubt that Franchising Agreement and related Contract are to be executed under the Myanmar Contract Act 1872. In Myanmar, Franchising Business is the new business one. And also, it may have already existed inbound and local franchising. But, it should take into consider whether the said business are harmonized with the Myanmar legal framework or not. In the mean time, I want to make a suggestion to UMFCCI to take focal point for franchising business.
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