Franchising Contract In Romania

By Lucian Enescu, Crina Frisch


The Romanian Government adopted the Ordinance no.31/1997 on the juridical status of franchise on 28 August 1997. This Ordinance is very important as the legal regulation of a contract on the intellectual property rights is a debut in Romania. The owners of these rights will find in the franchise a juridical modality allowing their efficient exploitation.

1. The owner can penetrate the Romanian market through a local customer without big investments.

2. Taking into consideration the provisions of the new law on the marks, stipulating that any interested person may request the cancellation of a mark, if the owner cannot justify the lack of effective use of the mark in a time period of 5 years, the result is undoubtedly that the franchise represents an efficient way to avoid the mark cancellation.