Beautiful scenery
How to establish and improve the franchise system?
Which industries do more franchising?
Franchising does not need to be filed in a certain department of the state?
Is there anything to protect the interests of franchisees?
Many champions will make overlord clauses?
Join the trap
(14:06:2 1) The host said: The topic we are discussing today is "How to protect franchising by legal means". Say hello to all of us?
(14:06:26) Wang Hongyan said: Hello, everyone, it's an honor to come to Alibaba to discuss with you how to protect by legal means.
(14:06:3 1) The host said: How can I have a franchise?
(14:06:39) Wang Hongyan said: If franchising is required, we will provide legal advice. According to the Measures for the Administration of Commercial Franchise, which was implemented in 2004, a * * * has seven conditions. The most important condition is a threshold, 2+ 1, two direct stores, 1. If this can't be done, as a franchisee, you can think that you don't have the qualification to develop and absorb. Just now I talked about the legal premise. From the management point of view, I want to have my own unique model that others can copy. If there is none, I have no commercial resources from the management point of view, and no franchisee is willing to use his funds to buy your franchise.
(14:06:57) The host said: What models does this model include?
(14:08:30) Wang Hongyan said: The concept of mode is relatively vague. The characteristic of franchising is that the franchisor authorizes its franchisee to use trademarks, trade names, brands and business models in the form of contracts, and operates its original successful stores in the form of commercial existence, forming a prescribed model. This is called franchising, franchising. One special, one special.
(14:08:55) Wang Hongyan said: In the general understanding, franchise and chain are the same concept. We distinguish the concepts of chain and franchise. There are three types of chains. The first is the direct chain, which means all my investment, my manpower and financial resources. I open a store that I fully control, one is called direct chain, and the other is called joining, which is what we said today.
(14:09:08) Wang Hongyan said: Another kind of chain is voluntary chain, which can be divided into direct chain, franchise chain and voluntary chain. We are talking more about the first two kinds of direct chain and franchise chain, that is, franchise chain, which will help us to understand the rights and obligations of franchisees in the future.
(14:09:25) The host said: As we know, according to the survey of China Chain Store & Franchise Association, there are more than 1900 chain store & franchise associations in China, and the number of franchised enterprises ranks first in the world. How to establish and improve the franchise system on such a huge scale?
(14:09:3 1) Wang Hongyan said: Although the quantity is relatively large, we say that it is the first in the world in terms of quantity, but in terms of quality, I really don't think it can be regarded as a world-famous franchise brand. For example, KFC and McDonald's are all foreign. They rank first and second in the global franchise industry, and China ranks first in the world. But the quality has not reached the top brands in the world. At the same time, I think you told me more than 65,438+0,900 numbers. I think in fact, many enterprises are not included. This figure is official. As a folk number, many numbers are not included in statistical research, so if it is true, it is likely to break through 2000 systems. This figure should be said to be far greater than other countries.
(14: 1 1:05) The host said: The quantity is huge, but the quality is not famous?
(14:11:11) Wang Hongyan said: in terms of global strategy, there is no such level as KFC and McDonald's.
(14:11:17) The host said: Is it less risky for our franchisees to join foreign brands?
Wang Hongyan said: Not necessarily. I think any foreign brand, when it comes to China, will go through a process of acclimatization. He doesn't know the legal environment and investment environment in China. As an investor in China, he should consider comprehensive factors when choosing investment brands. Judging from the current situation, KFC is relatively responsible for its franchisees. He passed. Domestically, there are also many excellent brands. In the long run, excellent brands are produced in our country. Now many domestic operators are very interested in franchising. It should be said that they are optimistic about this business model. As long as we adopt a formal and standardized model, we can cultivate local excellent brands.
(14: 13: 16) The host said: Did you just say that KFC, McDonald's and KFC can join in China? As long as it is in the form of skilled transfer?
(14: 13:23) Wang Hongyan said: As far as I know, KFC has a certain business circle and its own mature store source after operating through stores. The whole store was transferred to its franchisees. This is a joining mode, but its mode is different from the general one. Some franchisees let you operate independently at first, unlike KFC. It has cultivated a business circle and value for you to transfer, which is based on the understanding of the China market. I don't know much about McDonald's. KFC is like this. McDonald's started franchising earlier than KFC.
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(14: 13:34) The host said: Pizza Hut is also available in fast food. What is the mode of Pizza Hut?
(14: 13:39) Wang Hongyan said: Pizza Hut is also absorbing franchisees. It should be said that Pizza Hut also belongs to Yum! I know that there are more than six brands in China, and Pizza Hut is one of them. Delicious! Have a strong understanding of the market, have the ability to explore the market, have the ability to develop new products, and have the ability to introduce excellent brands from abroad to open up new domestic markets.
(14: 15: 19) The host said: Can domestic franchisees consider foreign brands?
(14: 15:26) Wang Hongyan said: These foreign brands are very strict in choosing franchisees and partners. They can't afford to be franchisees. They attach great importance to brands and are very strict in choosing franchisees.
(14: 15:32) The host said: What are the harsh requirements for franchisees?
(14: 65438+ Marriage means that the cooperation between the two parties should be pleasant, and at the same time * * it is consistent with the concept, and some business methods, business models and business processes must strictly abide by the operating rules of the headquarters. If it is illegal, or if you feel that it does not meet its conditions during the inspection, you can choose more franchisees, KFC and McDonald's, so as to ensure that the brand image is not discounted.
(14: 16:45) Wang Hongyan said: Many franchised brands in Zhejiang are good, and if they are well cultivated and supported, they will do well in China.
(14: 16:5 1) The host said: What other industries do more franchising?
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(14: 17:56) the host said: including car beauty, education, baby care, coffee, clothing, home and so on, we can all see these joining in the city?
(14: 18:07) Wang Hongyan said: Yes, franchise needs stores, and stores are directly oriented to consumers. As a franchise brand with many stores, it will be easy to succeed if it can closely establish loyalty with consumers.
(14: 18: 14) The host said: Mongolian guy: What are the best franchisees in China at present? Are Suning, Trust-Mart, Little Sheep and Gome franchise stores?
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(14: 19:44) The host said: They like to watch by themselves and will not join others.
(14: 19:53) Wang Hongyan said: Little Sheep now has many franchisees all over the country, but when it comes to one thing, Little Sheep has many series, including Inner Mongolia Little Sheep, Shanxi Little Sheep, Xinjiang Little Sheep and Little Sheep. Because Inner Mongolia Little Sheep has done a good job and won a well-known trademark, which has a certain degree in the country. However, judging from the current situation, Little Sheep in other regions think that it is unfair for such a trademark to be exclusively owned by Little Sheep in Inner Mongolia, and hope to revoke the well-known trademark through other means. At present, its intellectual property status is still in an unstable state.
(14:20:02) The host said: For example, the intellectual property rights of Little Sheep are unstable. What is the prospect of joining Little Sheep?
(14:22:38) Wang Hongyan said: My personal views are for reference only. Three years ago, Little Sheep was very popular in China, and any product had a life cycle. Maybe after three or four years, it is hard to say whether this product can gain such a large market share if it is not improved and not in place. It depends on the management of Little Sheep and whether its taste can be improved and perfected. At present, there are so many franchisees in China. We don't know how Little Sheep manages this system and whether it is perfect or not. If the support for franchisees can't keep up, I think there are too many franchisees to keep up with their rights and interests. Then I suggest adding Little Sheep after fully understanding the follow-up services it provides. The brand is still recognized.
(14:22:43) The host said: The choice of our franchisee depends on his follow-up supporting services.
(14:22:47) The host said: After the rain clears, what should a franchisee consider when choosing a brand to join?
(14:22:54) Wang Hongyan said: I asked this question when I was interviewed by the media. I think we should pay attention to the following questions: first, does this brand already have popularity and market recognition? Second, does this brand already have its own two direct stores? Has it reached the threshold of 2+ 1? If you have experience in managing your own store,
(14:22:58) Wang Hongyan said: The third question to consider is whether the brand already has a trademark. Of course, this trademark had better be a registered trademark. If it is a trademark being applied for, the problem is not very big. At present, there are no strict requirements for registered trademarks in the trademark management measures, and it is best to have registered trademarks. At the same time, the fourth question is whether this brand has its own unique patent, which cannot be limited to the design patent. The design patent is relatively simple. The fifth question he needs to pay attention to is whether this brand helps franchisees to provide continuous support and training, help franchisees improve management and support operations.
(14:23:06) Wang Hongyan said: The sixth point is about the stability of the company. If this company doesn't have a long-term strategic plan, it just wants to open more stores and attract more franchisees, then it is not a long-term business strategy in the company's culture. At present, I think such a company should not consider joining. At present, the laws and regulations are not perfect, and fraud occurred in the franchise industry in 2004.
(14:25:00) The host said: These six points need their comprehensive consideration.
Wang Hongyan said: This is the most basic.
(14:25:09) The host said: You just talked about the intellectual property rights of design patents. What else is there?
(14:25: 14) Wang Hongyan said: For example, intellectual property is the first trademark issue. Trademark is the most basic for franchised enterprises. Without trademarks, how to let franchisees promote brands and publicize them is the most basic problem. The second intellectual property issue is patents, so some brands have patents, and some brands don't necessarily have patents, but they must have their own unique technologies or. The third aspect is copyright. Joining the headquarters has not yet summed up some of its own unique things into a set of written documents, so joining is not sufficient. After a storm comes a calm: Does the country have assessment conditions for franchisees now, and do the winners have any certificates?
(14:26:07) Wang Hongyan said: Although there are some basic requirements according to the Measures for the Administration of Commercial Franchise, in fact, when we study the Measures for the Administration of Franchise, we can see that this management method is actually a departmental regulation, that is, it is less efficient than the national laws and regulations, and departmental regulations are of legal reference value. Then it can be used as the basis for the administrative department to enforce the law, but as a reference in the judicial field, the state has a requirement for the franchise headquarters, that is, information disclosure, that is, before the franchise headquarters develops franchisees, it has a basic explanation for potential franchisees, and there is a piece of information, such as how many stores there are in the franchise headquarters, the operating conditions of the stores, and the trademark status.
(14:27: 18) Wang Hongyan said: whether there are any lawsuits recently, franchisees should answer your questions within a reasonable range. From this perspective, franchisees have the basic right to know in the process of contact between the two parties, which is a more important aspect. In the process of advertising, it is not allowed to join the headquarters with untrue information, such as giving you a high promise, such as recovering the cost in two months or one month. Such advertisements will be banned in the future.
(14:30:33) Wang Hongyan said: The headquarters of the third franchise has filing requirements according to the regulations. In fact, at present, I think the implementation in various places is still filed afterwards. At present, pre-approval is still a matter of the two sessions. Pre-approval only allows the government to recruit franchisees. At present, this has not been done, and the market economy is relatively free. The market economy emphasizes market freedom and active market, so it is not reasonable for me to ask the government to implement pre-approval for all franchised headquarters. The government has a certain degree of supervision in the whole process to avoid dishonest behavior.
(14:30:39) The host said: Just now you talked about those champions, for example, the advertisement said that the cost would be recovered in one month. There are many such advertisements. Is it illegal?
(14:30:47) Wang Hongyan said: Such similar advertisements are in conflict with the Measures for the Administration of Commercial Franchise. If there is such a promise advertisement here, which causes losses and misleading to franchisees, it is necessary to compensate according to the regulations.
(14:30:59) The host said: Rain Fly: Operators need their own unique patents. How do you say this?
(14:3 1:05) Wang Hongyan said: Not every franchise headquarters has patents, but as a franchise headquarters, it should have its own achievements. For example, if it is a patent, for example, KFC's oven is a patent, like Quanjude's roast duck, and this equipment is a patent. This kind of products are generally not available in the market, which is very attractive.
(14:3 1:09) The host said: Equipment, recipes and the like?
(14:3 1: 17) Wang Hongyan said: Yes, some things can be bought abroad, not necessarily referring to patents.
(14:3 1:24) The host said: After the rain clears, does this mean that franchising does not need to be filed in a certain department of the country?
(14:3 1:3 1) Wang Hongyan said: The Measures for the Administration of Commercial Franchise has such a requirement. In fact, judging from the implementation of half a year, few shopkeepers are willing to put on record, that is to say, the efficiency level mentioned was always mandatory before the State Council promulgated the Franchise Regulations. At present, filing is required, but it is rarely done.
(14:3 1:55) The host said: Me: What qualifications should I pay attention to when joining a chain store?
Wang Hongyan said: Maybe your expression is wrong. As the headquarters, franchisees can review several aspects, such as whether franchisees have found suitable stores. Also, has the franchisee established certain entities for joining your enterprise, such as individual industrial and commercial households, companies and other sole proprietorship enterprises? The third is whether the capital ability has the capital status of early investment. Fourth, every enterprise has its own considerations. Such franchisees do not meet the alternative adjustment. For example, in terms of baby-rearing, franchisees should have the love and knowledge of baby-rearing.
(14:35:22) The host said: Is this the quality of franchisees?
(14:35:29) Wang Hongyan said: Yes, franchisees agree with the product concept.
(14:35:33) The host said: Is this corporate cultural identity?
(14:35:38) Wang Hongyan said: Different enterprises have different ideas, the first three are universal, and each brand and enterprise has its own ideas in other aspects.
(14:35:43) The host said: Next, ask the question of legal analysis.
(14:35:48) The host said: YEHPO: What is franchising and which law protects it?
(14:35:54) Wang Hongyan said: I have just explained the concept of franchising, that is, the franchise headquarters authorizes its own unique intellectual property rights and successful experiences such as trademarks, trade names, patents and business models to franchisees by contract, and franchisees must pay relevant fees to franchisees according to the requirements of the contract. We call it "franchising" at present. 1997, the measures for the administration of commercial franchising of the Ministry of trade was tried out, but it was not formally implemented. 200 1, the state has a legislative plan for commercial franchising. At present, the regulations have not yet been promulgated. At the end of 2004, the Measures for the Administration of Commercial Franchise was promulgated.
(14:36: 18) Wang Hongyan said: A management method has been officially promulgated, which is the only basis for the commercial franchise industry. This is a regulation, not a law, not a regulation, and its effect is limited. In addition, there are company law, contract law, trademark law, copyright law and patent law. In fact, this is a comprehensive system, which can not be solved by a simple commercial franchise management method. This is a comprehensive legal system.
(14:36:24) The host said: Did you participate in the formulation of this regulation?
(14:36:30) Wang Hongyan said: We participated in the discussion. If you think that some laws and regulations are imperfect, there are loopholes or problems, then you can give legal advice to the relevant departments.
(14:36:50) The host said: Can you talk about some things that franchisees need to pay attention to? Is it necessary to sign a three-year contract if you join? What should I pay attention to?
(14:36:55) Wang Hongyan said: According to the management method, it has four breakthroughs, which is an improvement on the original trial method. First of all, the information disclosure and advertising we just mentioned have detailed requirements for franchisers in terms of information disclosure and advertising. At the same time, if you can't do it, there will be fraud in information disclosure and advertising, and there will be some compensation for franchisees. The second question is about foreign investment access. In fact, the procedures of application, approval and registration in the Measures for the Administration of Foreign Investment Access to Commercial Franchise have been clearly stated in the foreign press conference of the Ministry of Commerce in the future. Because China's accession to the WTO requires compliance with the principle of national treatment of the WTO, the approval of foreign investment is a procedural approval.
(14:39: 1 1) Wang Hongyan said: There is no substantive approval, and domestic and foreign countries are treated equally. In other respects, this management method is about legal responsibility. Legal liability refers to many aspects, such as administrative liability, information disclosure liability, supplier quality assurance liability, etc. These are all guaranteed by franchisees. We hope to have a legal basis.
(14:39:2 1) the host said: one is several breakthroughs, the other is false compensation for information disclosure advertisements, and the other is foreign investment access.
(14:39:27) Wang Hongyan said: There is an agreement on foreign investment access, which was also stated in the statement of the Ministry of Commerce. This is a procedural requirement, which is basically the same as domestic requirements. The examination and approval of foreign capital is only a procedural examination and approval, and the promise of national treatment should be fulfilled.
(14:39:34) The host said: Is there anything to protect the interests of franchisees?
(14:39:48) Wang Hongyan said: Because these advances are beneficial to franchisees, because many aspects of the original agreement are not very specific, this management method can basically reflect which aspects of the franchise regulations are standardized, and some signs can be seen. This management method is a multi-faceted requirement for the alliance leader, that is, the establishment of the pre-threshold, as well as the information disclosure obligation and advertising requirements in the whole process of franchise development. If not,
(14:42:55) The host said: It is more about the constraints and protection of franchisees?
(14:43:0 1) Wang Hongyan said: Yes, we talked about the obligations of the franchisee, which is his right to the franchisee.
(14:43:06) The host said: After the rain clears, does it matter where Party A and Party B should be in the franchise contract?
(14:43: 1 1) Wang Hongyan said: Party A and Party B are smooth issues, which have nothing to do with it. Actually, it's all the same People think Party A is good, but it's all the same. If the law clearly stipulates that the contract, the subject status is equal, and I have no advantage in ranking first.
(14:43: 16) The host said: How to establish and improve the franchise system?
(14:43:23) Wang Hongyan said: How to establish and perfect this problem is the franchisee's problem. If franchisees don't have a perfect system, it will be dangerous to the whole system and will probably destroy the brand. How to establish and improve? This problem is big and complicated. I think we can consider it from several aspects. First, you should have a strategic plan of your own brand, which is a plan to attract franchisees. Secondly, I think it is very important to have a basic system construction before attracting franchisees. System construction includes the structure of your department. For example, we need R&D department of strategy department, brand department and administration department. Can absorb franchisees on the basis of a complete framework system.
(14:43:30) Wang Hongyan said: In this way, we can perform our respective duties and provide services to franchisees to a certain department. Only with a perfect follow-up support system can we ensure the sustainable development of the brand. The third aspect, which I think is very important, is the early protection of intellectual property rights. Franchising is a system that is constantly being copied and expanded. In fact, there is another risk when you support franchisees while expanding. You may support him today, and he may become your competitor tomorrow. You should ensure that there is not much problem with the intellectual property system. You have your own unique technology and unique intellectual property rights. We discussed this as a matter of control. You can copy many stores, and at the same time, you
(14:44:56) The host said: The early protection of intellectual property rights is very important for joining the headquarters.
(14:45:02) Wang Hongyan said: The fourth issue is the contract. As we all know, the relationship between the franchisor and the franchisee, that is, the contractual cooperative relationship, must have a perfect franchise contract text between the two parties, and the relationship cannot be simply determined by one or two pages. This relationship is very complicated, including intellectual property rights, logistics, daily management and maintenance, and so on. Then the franchise contract system is very complicated. The main contract is a franchise contract, and there are many subordinate contracts, such as distribution contract, logistics contract, trade secret protection contract, trade restriction contract and even trademark use contract. These six or seven contracts are actually the most basic contract system, and only the contract system is complete.
(14:47:38) Wang Hongyan said: Only by fully recognizing the contents of the contract system can the stable development of the brand be guaranteed, and the contract is also a very important aspect.
(14:47:44) The host said: How to sign a complete franchise contract?
(14:47:55) Wang Hongyan said: From the owner's point of view, it should be said that the contract can be divided into two aspects. On the one hand, it is a general clause. General terms refer to nothing more than those stipulated in China's contract law, such as the parties who sign the contract or the place where the contract is signed, the way of performance, the time limit, the liability for breach of contract, and the solution. There are unique aspects here, such as sensitive words we say, such as franchise fee and deposit. These concepts are unique in franchising. How to sign a perfect franchise contract may not be finished today, but can be listed one by one.
(14:49:40) Wang Hongyan said: For example, franchisees think that the initial fee is a one-time contract and a threshold fee, which must be paid in one lump sum. I'll provide you with business opportunities, and the joining fee can't be refunded under any circumstances. We can understand that the franchise fee is equivalent to buying a franchise from you as a one-time purchase. From the franchisee's point of view, I will pay the franchise fee. For example, trademarks, training, logistics and distribution, where the two sides are controversial. In the event of a dispute, if it is the owner, there is a clear agreement on the composition of the franchise fee and the handling method of the franchise fee. For example, we agree that the joining fee is a one-time threshold fee and will not be refunded under any circumstances. This is a situation.
(14:49:47) Wang Hongyan said: Some franchisees also stipulate the franchise fee as including trademark use fee, training fee and management support fee. From this point of view, it is different from the concept of one-time entry we mentioned earlier. Franchise contract is very important for some concepts, such as the concept of franchise fee. At present, there are no clear laws and regulations that have a very authoritative explanation for these concepts, so it is suggested that both parties make an agreement on the concepts that may be controversial, and agree on some handling methods for some sensitive expenses, such as under what circumstances, how to return and how to deal with them.
(14:49:53) The host said: Let me ask you to explain the two concepts of initial fee and deposit.
(14:50:00) Wang Hongyan said: The initial fee is understood as a one-time entrance fee from the owner's point of view. I joined this system in order to buy a franchise from you. This is the initial fee, and I will become your member. The concept of deposit is that after I become your member, I must guarantee my promise that your brand will not be sold to others. That's the deposit. If I violate the agreement, it is.
(14:50:29) The host said: Can it be said that it is a mortgage?
(14:50:35) Wang Hongyan said: deposits are the guarantee of funds, and mortgages have different properties. It can be returned to you within the term of the contract, for example, with or without interest.
(14:50:57) The host said: Is this guaranteed?
(14:5 1:04) Wang Hongyan said: From the franchisee's point of view, to ensure that the brand image is not discounted, it is necessary to ensure that the franchisee operates your system. From the franchisee's point of view, it should also be paid. It should be refundable. It was temporarily put there as a guarantee. If you abide by this system, the money can be refunded.
(14:5 1:3 1) The host said: Should these words be written in the contract?
Wang Hongyan said: