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The Franchise contract (Franchising) began in the United States, around 1860, and then spread to other countries, including Brazil, where it is regulated by Law 8955/94.

 

In this type of contract, the owner of an industry, trade or service trademark, called the franchisor, grants its use to another entrepreneur (franchisee), positioned at the distribution level, providing assistance with regard to the means and methods to enable the exploitation of this concession, upon payment of a down payment and a percentage of the volume of business carried out by the franchisee.

The franchise operation is of enormous economic importance, because in addition to being carried out without the existence of subordination between franchisee and franchisor, within the business activity, the franchise agreement emerges as an effective instrument to allow the distribution of products and services.
of wide acceptance in the consumer market, through the assignment of the use of the brand or patent, with the supply of essential means and techniques for the production or provision of services, through balanced remuneration. This makes it possible for the franchisee to broadly distribute products or services in the market, in theory, with the same quality and "know-how" as those offered by the franchisor.

According to the legislation, there are 3 (three) types of franchises, they are:

Industrial franchise: It has a broader purpose because, in addition to the assignment of use of the brand, it involves the franchisor's assistance in the installation of the industrial or business unit, with the transmission of the technology to manufacture the product by the franchisee itself (common in the automotive and food industry ).


Commerce or distribution franchise: aims to develop a network of stores. In this case, the franchisee will reproduce stores initially operated by the franchisor, acquiring the products for sale (Ex.: Boticário, Beneton, etc).


Franchise of services: the franchisee is limited to reproducing the services created by the franchisor, preserving the same quality of the brand with which they are identified (Ex.: Macdonald's, Yazigi, Hilton, Sheraton, etc.)

Entrepreneurs interested in implementing the franchise system must initially register the franchise at the National Institute of Industrial Property - INPI (see Trademarks, Patents and Copyright ) and make the Franchise Offer Circular (COF) available to those interested in becoming a franchisee. , in addition to the pre-contract and the standard contract.

Because of this, it is essential for both the assistance of a reliable and specialized professional in the area to carry out the necessary acts, as well as to avoid conflicts.

Franchise (Franchise)

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