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Home>Laws & Regulations>News contents Laws Related to Franchise Laws that have regulation power over franchise can be categorized into four: Intellectual Property Law, Contract Law, Law Against Unfair Competition and others.
Our Law Against Unfair Competition was made not long ago. In 1980, the State Council issued on Interim Provisions on Carrying out and Protecting Socialistic Competition, which is the first administrative law to limit unfair competitive acts. Law Against Unfair Competition of the People¡¯ Republic of China was passed in September 1993 and implemented in the same year. The chief content of Law Against Unfair Competition is to define and prevent unfair competitive acts. Contents related to franchise are: regulations on infringement of exclusive right of trade mark, regulations on infringement of commercial secrets and regulations on purchase limitation. Contract Law of the People s Republic of China has been implemented ever since Oct. 1, 1999. It took the place of the original Economic Contract Law, Law of the People s Republic of China on Economic Contracts Involving Foreign Interest, and Know-How Contract Law. According to the new Contract Law, there is no franchise contract listed besides the 15 standard contracts. However, also according to Contract Law, franchise contract ¡°¡ shall apply the provisions of the General Provisions of this Law. The most similar provisions in the Specific Provisions of this Law or in other laws may be applied mutates mutandis.¡± (Article 124, Contract Law) According to the specific contents and situation of franchise contract, franchise also shall apply General Principles of the Civil Law of the People¡¯s Republic of China, Law of the People s Republic of China on Protecting Consumers Rights and Interests, and Law on Product Quality of the People s Republic of China. Source: GLOBAL BRAND FRANCHISE TRADE CENTER |Close| |