Vasil Kisil & Partners Lawyers Discuss Legal Aspects of Franchising in Ukraine
30/03/2009
On March 26, 2009, the 3rd International Forum Brand4Rent – Franchising and Other Business Opportunities has opened in Kyiv.
Forum attendees, including representatives of public and state organizations, investors, franchisers, franchisees, and professional consultants, discussed the development of franchising in Ukraine and its prospects, shared experience in rolling out franchise networks, both domestic and foreign, and set priorities for elaborating franchising laws in Ukraine.
Nataliya Mykolska, Senior Associate, and Anzhela Makhinova, Associate of Vasil Kisil & Partners Law Firm, both recognized experts in international trade and franchising, and active participants of the EBA Franchising Working Group, told the delegates about relevant legal aspects of franchising in Ukraine.
In her presentation “Negotiating Franchising Agreements: Is a Compromise Possible (Legal Aspects)”, Nataliya Mykolska described the basic principles of legal regulation of franchising in Ukraine, showcased normative acts regulating the sphere, requirements to franchising agreements and outlined the principal phases of entering into such agreements. Mrs Mykolska especially emphasized the problems that might surface in the process of entering into franchising agreements and drew attention to the provisions which require special focus (balance of rights and obligations, first night rule, non-competition clause, unilateral waiver, etc.) Mrs Mykolska also stressed the importance of adopting a special franchising law which will define the legal framework for the development of franchising in Ukraine.
Anzhela Makhinova gave an insight into the “cornerstone” of franchising relations - the issue of intellectual property rights in franchising agreements. In particular, Ms. Makhinova highlighted important nuances connected with the subject matter of the franchising agreement, spoke on the peculiarities of copyright transfer under franchising agreements, and also gave a few practical tips that would help those contemplating the entering into franchising agreements.
Forum attendees, including representatives of public and state organizations, investors, franchisers, franchisees, and professional consultants, discussed the development of franchising in Ukraine and its prospects, shared experience in rolling out franchise networks, both domestic and foreign, and set priorities for elaborating franchising laws in Ukraine.
Nataliya Mykolska, Senior Associate, and Anzhela Makhinova, Associate of Vasil Kisil & Partners Law Firm, both recognized experts in international trade and franchising, and active participants of the EBA Franchising Working Group, told the delegates about relevant legal aspects of franchising in Ukraine.
In her presentation “Negotiating Franchising Agreements: Is a Compromise Possible (Legal Aspects)”, Nataliya Mykolska described the basic principles of legal regulation of franchising in Ukraine, showcased normative acts regulating the sphere, requirements to franchising agreements and outlined the principal phases of entering into such agreements. Mrs Mykolska especially emphasized the problems that might surface in the process of entering into franchising agreements and drew attention to the provisions which require special focus (balance of rights and obligations, first night rule, non-competition clause, unilateral waiver, etc.) Mrs Mykolska also stressed the importance of adopting a special franchising law which will define the legal framework for the development of franchising in Ukraine.
Anzhela Makhinova gave an insight into the “cornerstone” of franchising relations - the issue of intellectual property rights in franchising agreements. In particular, Ms. Makhinova highlighted important nuances connected with the subject matter of the franchising agreement, spoke on the peculiarities of copyright transfer under franchising agreements, and also gave a few practical tips that would help those contemplating the entering into franchising agreements.