عقد الإمتياز التجاري

Abstract

The economic transformations experienced by the world as part of economic globalization, have caused major repercussions in the means of marketing products and provision of services, the harmonization of consumer behavior and likeness of their needs and the need for large companies to expand beyond their borders in their activities to develop their sales and provide the services which encourage them to research in innovation and invention means to conquer the international market lower cost. The franchise agreement is then appeared, rightly, under which the beneficiary uses the name and trademark of the franchisor that it is in most cases an international company that enjoys a high reputation among consumers, Furthermore it benefits from the operation of a set of practical patented name information resulting from experience and testing by the franchisor it (know-how), linked by the technical, administrative and commercial support. This process allows the franchisee, under cover of the grantor society to have toll-free consumer advertising that are high especially for new projects, otherwise the activity of the franchisee is not regarded as ancillary to the business of the franchisor but as a standalone project under the name and trademark of the franchisor. In Algeria the franchise agreement has seen a great evolution for over 12 years, which allows several international brands to be present in the Algerian market including some French companies like company ""Yve Rocher, Celio, Candia"" and American company ""Pepsi"". However, the legal framework governing this contractual instrument remains totally absent in the Algerian legal system which prompted the beneficiaries of this agreement to use the franchise agreement in the context of service delivery.