| Summary: | 碩士 === 國立中興大學 === 科技法律研究所 === 98 === Franchising, originated from the United States, is one of modern business distribution methods. There are different types of franchise business available today and Franchising is rapidly developed.
A franchise operation is a contractual relationship between a franchisor and a franchisee. The franchisor authorizes the franchisee to use its trademarks, trade names, know-how and so forth, and gives the franchisee assistance in how to set up and operate the business. At the same time, the franchisee is required to make a “franchise fee” and “royalty”. The franchisor and the franchisee have a continuing contractual relationship. In addition, the franchise agreement is defined by the franchisor that makes the franchisee in a disadvantaged position to the agreement. The franchisor takes advantages of the agreement and requests that the franchisee should comply with unfair trade conditions. Civil Law and the Consumer Protection Law are implicit or ambiguous in such franchise issues. This study focuses on information disclosure and vertical restraints of trade, and tries to solve contract disputes between the franchisor and the franchisee.
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