of June 24, 2002 No. 330-II
About the complex entrepreneurial license (franchizing)
This Law governs the relations connected with implementation of the complex entrepreneurial license (franchizing), determines contents of the agreement of the complex entrepreneurial license and is aimed at the development and the state support of franchasing activities in the Republic of Kazakhstan.
In this Law the following basic concepts are used:
1) complex of exclusive rights (licensed complex) - the rights to number of intellectual property items (the trademark, trade name, service mark, the patent, unsolved information, including know-how (know-how);
2) the complex entrepreneurial license (franchizing) business activity in case of which the owner of complex of exclusive rights provides it in use on paid basis to other person;
3) the complex licensor (franchiser) - the agreement party of the complex entrepreneurial license, the owner of complex of exclusive rights (licensed complex) providing to the complex licensee in use on paid basis complex of exclusive rights;
4) the complex licensee (franchisee) - the agreement party of the complex entrepreneurial license, the right user of complex of exclusive rights of the licensor using this complex for business activity;
5) the licensed broker - the physical person or legal entity performing intermediary activities in case of the conclusion and agreement performance of the complex entrepreneurial license;
6) the potential complex licensee - person conducting negotiations with the owner of complex of exclusive rights for the purpose of the conclusion of the agreement of the complex entrepreneurial license;
7) franchasing activities - the business activity connected with implementation of the agreement of the complex entrepreneurial license;
8) the franchasing relations - the public relations between the participants of the obligation connected among themselves by the rights and obligations on agreement performance of the complex entrepreneurial license settled by rules of law.
1. The legislation of the Republic of Kazakhstan on the complex entrepreneurial license (franchizing) is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.
2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.
1. Subjects of the franchasing relations are physical persons and legal entities.
2. The legislation of the Republic of Kazakhstan in the sphere of entrepreneurship is applied to subjects of the franchasing relations - to small business entities in the part which is not settled by this Law.
The state support of the franchasing relations in the Republic of Kazakhstan is performed on the following principles:
1) unities of the principles and forms of the state support of the franchasing relations;
2) the approved interaction of state bodies when implementing the state support of the franchasing relations;
3) inadmissibility of unreasonable intervention of state bodies and their officials in business activity of subjects of the franchasing relations;
4) protection of the competition and restriction of monopolistic activities;
5) publicity in case of development and application of measures of the state support of the franchasing relations.
1. The main measures of the state support of the franchasing relations in the Republic of Kazakhstan are:
1) the subitem 1) of Item 1 of Article 5 is excluded according to the Law of the Republic of Kazakhstan of 03.07.2013 No. 124-V ZRK
2) development and enhancement of regulatory legal acts on development and assistance of the franchasing relations;
3) provision to subjects of the franchasing relations of privileges and guarantees, stipulated by the legislation Republic of Kazakhstan;
4) rendering consulting services in the questions connected with implementation of franchasing activities;
5) registration and protection of complex of exclusive rights according to the legislation of the Republic of Kazakhstan;
6) control of compliance with law of the Republic of Kazakhstan about the complex entrepreneurial license (franchizing);
7) other measures promoting development and distribution of the complex entrepreneurial license (franchizing) in the Republic of Kazakhstan.
2. State bodies are determined by support of the franchasing relations and their function by the Government of the Republic of Kazakhstan.
The harm done to the subject of the franchasing relations as a result of the edition by state bodies of the acts which are not corresponding to the legislation of the Republic of Kazakhstan and also as a result of illegal actions (failure to act) of officials of these bodies is subject to compensation according to the civil legislation of the Republic of Kazakhstan.
Control of franchasing activities is carried out according to the procedure, established by the legislation of the Republic of Kazakhstan.
1. Subjects of the franchasing relations have the right to get acquainted according to the procedure, established by the legislation of the Republic of Kazakhstan, with the regulatory legal acts, judgments and other acts concerning implementation of the complex entrepreneurial license (franchizing).
2. The state bodies and their officials adopting regulatory legal acts about state regulation of the franchasing relations shall publish them in the periodic printing edition.
1. The state performs registration and protection of complex of exclusive rights of the complex licensor registered both in the territory of the Republic of Kazakhstan and in the territory of other states if recognition of such registration by foreign state is provided by the international treaty which participant is the Republic of Kazakhstan.
2. If the intellectual property item is not registered in the territory of the Republic of Kazakhstan, registration of intellectual property right and its transfer under the agreement of the complex entrepreneurial license are performed at the discretion of the parties.
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