特许经营中的限制竞争及责任分担法律问题刍议

On Restriction of Competition and Distribution of Liability in Franchising

特许经营的营销模式,在其发展过程中,除了原有的商标与商号的冲突等问题,还出现了限制竞争行为与垄断的界限、特许经营的责任分担等新问题。因此,笔者将就该等特许经营中出现的新问题进行重点分析,力图找到解决这些矛盾的平衡点,以使特许经营这一新型的营销模式能够保持更旺盛的生命力而长久不衰。

In the development of franchising, which has become a new model of marketing, in addition to the existing conflict between trade marks and trade names, the borderline between restriction of competition and monopoly as well as distribution of liability in franchising have become the new issues which herein will be analysed by the writer in order to find a balance to solve these conflicts. Thus, the franchising could have a promising future and last for a long term.