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Brand rights transfer requires parties to establish contracts in writing, as it serves as the basis for protecting the rights and interests of the parties involved. Therefore, Mytour introduces some brand rights transfer contract templates as a reference and application for readers.
Template for transferring brand rights in fashion, cuisine, ... and related regulations
1. Mẫu hợp đồng nhượng quyền thương hiệu mới nhất năm 2023.
2. Quy định về hợp đồng nhượng quyền thương hiệu.
2.1. Hình thức của hợp đồng nhượng quyền thương hiệu.
2.2. Nội dung chính của hợp đồng nhượng quyền thương hiệu.
2.3. Thời điểm có hiệu lực của hợp đồng nhượng quyền thương hiệu?
2.4. Ngôn ngữ được sử dụng trong hợp đồng nhượng quyền thương hiệu.
1. Latest Brand Rights Transfer Contract Template of 2023
- Essentially, 'brand' is not a legal term but rather used in business administration. In a narrow sense, a brand is considered as a trademark or trade name, but in a broader sense, it encompasses all contents related to trademarks, trade names, business slogans, business symbols, etc.
- Currently, according to the provisions of the Commercial Law, the brand rights transfer agreement exists in the form of a 'commercial brand rights transfer agreement'.
- Template 01:
- Template 02:
* Download the complete set of templates HERE
* Guide to brand rights transfer contract templates.
- Brand rights transfer contracts nowadays are very detailed in terms of required content, which also provides many advantages for the parties involved to save time. However, to be individualized and characteristic for each product or service being transferred, the parties need to pay attention to the following contents:
+ Information regarding transferor and transferee.
+ Content of the transfer: products, business services; trademarks, symbols,...
+ Scope of the transfer.
+ Transfer price, payment methods.
Note: Brand licensing contracts and agency contracts are different. Readers can refer to Agency Contract Templates to understand the content and learn how to draft this type of contract.
- Vietnam is a market with a high rate of commercial brand licensing, with some contracts being sought after by many people such as: Pho 24, KFC, Highland, Milano, coffee, bubble tea, bread, spa, etc. However, these are exclusive contracts, only when carrying out brand licensing activities can the parties easily have direct contact.
2. Regulations on Brand Licensing Contracts
2.1. Forms of Brand Licensing Contracts
- According to Article 285 of the 2005 Commercial Law, the form of a commercial brand licensing contract is a document or other forms with equivalent legal value.
Thus, if brand licensing contracts are concluded orally or by conduct, they violate the form and will not be recognized.
- Brand licensing involves the element of 'cooperation in business' for mutual development, but the contract template is entirely different from a business cooperation agreement.
Regulations on the form and content of brand licensing contracts according to the 2005 Commercial Law
2.2. Main Content of Brand Licensing Contract
- A brand licensing contract must ensure 06 fundamental contents:
+ Content of commercial rights.
+ Rights and obligations of the Transferor.
Rights and obligations of the receiving party.
Pricing, periodic franchise fees, and payment methods.
Term of validity of the contract.
Extension, termination of the contract, dispute resolution.
Note: This content applies only if the parties in the franchise agreement choose to apply Vietnamese law.
When does the franchise agreement become effective?
- If the parties do not have any other agreement, the franchise agreement will be effective from the time of conclusion.
- In cases where the franchise agreement involves the transfer of rights to use intellectual property objects, that part must comply with the provisions of intellectual property law.
Language used in the franchise agreement
- The franchise agreement must be written in Vietnamese (including franchises from abroad to Vietnam).
- Parties may agree on the language in the contract if the franchise is from Vietnam to another country.
Note: The provisions on franchise agreements are stipulated in the Commercial Law 2005 and Decree 35/2006/NĐ-CP.
The franchise agreement template is considered one of the most complex contract templates, as it has a significant impact on the business development between the franchisor and the franchisee. Therefore, when entering into it, the parties must agree thoroughly and lawfully to be recognized and protected by the law.
Readers can find more contract templates at Mytour such as Commercial Contract Template or Sales Contract Template,...
