Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 11 APRIL 2017

ICLG Franchise 2017

Daniel Law
Explore more from Daniel Law

Franchise is defined as the system by which a franchisor grants to a franchisee the right of trademark or patent use, associated with the right to exclusive or semi-exclusive distribution of products or services and, optionally, ...

BrazilIntellectual Property
Hannah Fernandes
Hannah Fernandes
André De Oliveira
André De Oliveira
Author LinkedIn connections

1 RELEVANT LEGISLATION AND RULES GOVERNING FRANCHISE TRANSACTIONS

1.1 What is the legal definition of a franchise?

Franchise is defined as the system by which a franchisor grants to a franchisee the right of trademark or patent use, associated with the right to exclusive or semi-exclusive distribution of products or services and, optionally, also the right of use of technology of implantation and administration of a business or operational system developed or owned by a franchisor against direct or indirect remuneration, however without being characterised as an employment relationship.

1.2 What laws regulate the offer and sale of franchises?

The main Brazilian regulation applicable to offer and sale of franchises is Law n. 8,955 of December 15, 1994 ("Brazilian Franchise Law"). The Brazilian Franchise Law governs all franchise chains established and operated in the Brazilian territory. Additionally, Normative Act 16/2013 issued by the Brazilian Patent and

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Brazilian Court-appointed Expert Finds Skyworth’s TVs Infringe IP Bridge Patent, Rules It Essential To AVC Standard

IP Bridge and Dolby have filed lawsuits against Chinese electronics manufacturer Skyworth and several Brazilian companies in Rio de Janeiro State Court over alleged infringement of AVC standard-essential patents. A court-appointed expert has now issued findings on whether Skyworth's televisions infringe the asserted IP Bridge patent and whether it qualifies as essential to the AVC standard.
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Video

The Patent Enforcement Economy Is Leaving Inventors Behind/ IPWatchdog Unleashed

The patent system promises inventors exclusive rights in exchange for public disclosure, but enforcement has become prohibitively expensive, creating a minimum damages threshold that effectively rations access to justice. This examination explores how litigation costs ranging from $12-20 million, combined with delay tactics and limited injunctive relief, have transformed infringement into an economically rational strategy even when patents are strong.
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

BRPTO Adopts New By-Laws

The Brazilian Patent and Trademark Office has unveiled a comprehensive organizational restructuring through new By-Laws that fundamentally reshape its governance framework and operational structure. The reforms introduce Business Process Management models, expand technical examination divisions, and redistribute competencies across key directorates. These changes signal a strategic shift toward digital transformation, enhanced IP monetization capabilities, and strengthened administrative precedent consolida
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

Committee Advances Bill On Patent Ownership Of AI-Assisted Inventions

Brazil's Committee on Industry, Commerce, and Services has issued a favorable opinion on legislation addressing patent ownership for AI-assisted inventions. The proposed amendment to the Brazilian Patent Statute would establish that patent rights for inventions developed with artificial intelligence assistance belong to the individual or legal entity providing the economic or technical means for development, while maintaining that AI systems themselves cannot hold patent rights due to lack of legal personho
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

Patent Prosecution Made Simpler, Faster, And More Efficient

Brazil's modernising patent office and streamlined prosecution strategies offer compelling opportunities for securing robust patent protection. By leveraging fast-track routes like the Patent Prosecution Highway, adapting applications to local requirements, and strategically timing claim amendments, applicants can navigate the Brazilian patent system more efficiently and strengthen their intellectual property rights in this growing global economy.
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

Brazilian Court-appointed Expert Reports Demonstrate SEP Owners’ FRAND Compliance: Comparable Licenses Can Lead To Evidence-based Preliminary Injunctions

Brazilian courts have developed a sophisticated framework for handling Standard Essential Patent disputes, combining early expert appointments with FRAND compliance assessments. This approach examines whether patent owners' licensing offers are rationally justified and non-discriminatory, while rejecting the practice of courts unilaterally setting royalty rates or requiring interim payments.
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

Brazil Takes A Stand Against Judicial Imperialist In Patent Litigation

Senator Carlos Portinho has introduced Amendment #8 to Bill No. 2,210/2022, proposing significant measures to protect Brazilian judicial sovereignty in patent disputes. The amendment introduces mechanisms to counter foreign anti-suit injunctions and interim licenses that interfere with Brazilian court proceedings, including business suspension powers and substantial financial penalties. How will this legislative initiative reshape Brazil's approach to international patent litigation and strengthen its innov
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys
Article

The BRPTO Recognizes With Cause The Events Transpired In Venezuela On June 24, 2026, Regarding Term Restoration

The Brazilian Patent and Trademark Office (BRPTO) has extended the deadline for term restoration requests from residents in northwest Venezuela following the earthquakes that struck the region on June 24, 2026. This extension, issued through Ordinance #479/2026, provides affected parties additional time until December 7, 2026 to submit their requests.
BrazilIntellectual Property
Licks Attorneys
Licks Attorneys