MERICAN Journal of Public Diplomacy and International Studies www.
grnjournal.us In addition, if the complex business license (franchising) contract represents foreign trade
operations (export-import of goods, works and services), franchising contract that includes
absolute rights to intellectual property objects, it also takes into account the special procedure for
their state registration.
The complex of exclusive rights provided under the contract may include company name,
trademark, inventions, utility model, industrial design, trade secret, copyright, etc. Therefore, the
complex business license agreement is legally regulated by other regulatory documents, in
addition to the Civil Code of the Republic of Uzbekistan. In particular, the Law of the Republic
of Uzbekistan "On Trademarks, Service Marks and Names of Place of Origin" adopted on
August 30, 2001, the Law of the Republic of Uzbekistan "On Patent Law adopted by the
Diplomatic Conference in Geneva on June 1, 2000" adopted on March 15, 2006, It is possible to
refer to the Law of the Republic of Uzbekistan "On Addition to the Agreement", the Law of the
Republic of Uzbekistan "On Copyright and Related Rights" dated July 20, 2006, etc. [1 ].
According to Article 862 of the Civil Code of the Republic of Uzbekistan: one party (the
complex licensor) shall transfer to the other party (the complex licensee) the company name and
protected commercial information of the licensor under the complex business license (franchise)
contract in exchange for a fee, as well as other objects included in the absolute rights provided
for in the contract (trademark, service mark and inventions, etc.) undertakes to grant a set of
absolute rights (license set) that includes the right to use the licensee in business activities.
A complex business license agreement includes the license complex, the licensor's reputation in
the field of work and experience in the commercial field in a certain volume (in particular,
specifying the minimum and/or maximum use) to a certain field of activity (sale of goods
received from the licensor or produced by the licensee, rendering of services, performance of
works, trade implementation of activities, etc.) refers to use, with or without indicating the area
of use.
It should be emphasized that the subject of the complex business license (franchise) contract is
absolute with a complex nature, that is, several rights are transferred to the licensee by the
licensor for a certain period of time. Such rights include rights to the company name and
protected commercial information, as well as other objects included in the absolute rights
provided for in the contract: trademarks, service marks, and inventions. In this case, these rights
should be distinguished from license agreements for the use of intellectual property objects.
Under the license agreement, the party (licensor) who has the exclusive right to the result of
intellectual activity or the means of reflecting private signs grants permission to use the object of
intellectual property belonging to the other party (licensee) (Part 1 of Article 1036 of the Civil
Code). The franchising contract is the granting of a set of exclusive rights for use in business
activities. Usually, if the license agreement allows for the use of one or one type of specific
objects of intellectual property, the objects provided for use in franchising are complex, that is,
they relate to several objects of intellectual property and the purpose of use is directed only to
business activities. [2 ].
In the essence of this construction of the contract is the formalization of the permission to use the
exclusive rights, which have specific aspects in the civil law, through the contract, which is
considered a private legal instrument.
E.A. Kozina: emphasizes that franchising creates a wide range of opportunities for large firms to
enter new markets and economic activity by giving an individual entrepreneur a complex of
exclusive rights, as well as the results of intellectual activity, without attracting additional
investments [3 ].
According to R. Baldi, the existence of different approaches to the evaluation and development
of the franchise concept is due to the fact that its various forms are used in practice in different
areas of entrepreneurship. [4 ].