Translation of "Franchised trade " (English → French) :

Excluded from trade-related services are franchising fees (included in Charges for the use of intellectual property n.i.e.); brokerage on financial instruments (included in Financial services); insurance brokerage (included in Auxiliary insurance services)and transport-related charges, such as agency commissions (included in Transport).

(a)Charges for the use of proprietary rights (such as patents, trademarks, copyrights, industrial processes and designs including trade secrets and franchises).

(9) This Regulation must define the obligations restrictive of competition which may be included in franchise agreements. This is the case in particular for the granting of an exclusive territory to the franchisees combined with the prohibition on actively seeking customers outside that territory, which allows them to concentrate their efforts on their allotted territory. The same applies to the granting of an exclusive territory to a master franchisee combined with the obligation not to conclude franchise agreements with third parties outside that territory. Where the franchisees sell or use in the process of providing services, goods manufactured by the franchisor or according to its instructions and or bearing its ...[+++]trade mark, an obligation on the franchisees not to sell, or use in the process of the provision of services, competing goods, makes it possible to establish a coherent network which is identified with the franchised goods. However, this obligation should only be accepted with respect to the goods which form the essential subject-matter of the franchise.

(4) It is possible on the basis of the experience of the Commission to define categories of franchise agreements which fall under Article 85 (1) but can normally by regarded as satisfying the conditions laid down in Article 85 (3). This is the case for franchise agreements whereby one of the parties supplies goods or provides services to end users. On the other hand, industrial franchise agreements should not be covered by this Regulation. Such agreements, which usually govern relationships between producers, present different characteristics than the other types of franchise. They consist of manufacturing licences based on patents and/o ...[+++]r technical know-how, combined with trade-mark licences. Some of them may benefit from other block exemptions if they fulfil the necessary conditions.

This is a field involving the protection of intellectual and industrial property which is experiencing substantial growth and in which the central issue is the extent to which the owner of a trade mark or a method may place limits on the exploitation of such property rrights where they are licensed under a franchise agreement on the Community market.

However, if there are to be provisions for franchises and dealerships to make individual $1,000 contributions, then it simply defies all notions of fair and equitable treatment for there not to be any provision for a trade union to make similar $1,000 contributions. I would like to put that position before you for some consideration.