ПРОМЕТ ПРАВА ИНТЕЛЕКТУАЛНЕ СВОЈИНЕ УГОВОРОМ О ФРАНШИЗИНГУ И ПРАВО КОНКУРЕНЦИЈЕ
THE TRAFFIC OF INTELLECTUAL PROPERTY RIGHTS WITH FRANCHISING AGREEMENT AND COMPETATION LAW

Summary/Abstract: The subject of this article is the traffic of intellectual property rights with franchising agreement and its relation with competition law. The franchising agreement is still unnamed commercial contract in most of the states, except in the US where it was regulated by legal regulations. Todays’s legislation is increasingly regulating this agreement in the states all over the world, so also the proposal of its legal regulation entered in the preliminary draft of the Civil Code of the Republic of Serbia. International regulation is quite humble so there is still no solutions in the conventions, the main sources are general business conditions, public contracts, model laws and legal guides which are basically soft law. This article starts with the definition of franchise agreements, types of the franchise agreements, specifics of the traffic of intellectual property rights and also explaining the consequences of conclusion of franchise agreement with regard to competition law. The author didin’t analyze the rights and obligations of the contracting parties, in this article it is analyzed the aspect of the franchise agreement in reegard to the traffic of intellectual property rights.

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