Modernização do Marco Legal da Franquia Empresarial (Franchising) é aprovada em Comissão do Senado
Propriedade Intelectual / Relações Governamentais
Na semana passada, a Comissão de Assuntos Econômicos do Senado Federal (CAE/SF) aprovou o parecer apresentado pela senadora Kátia Abreu (PDT-TO) ao Projeto de Lei da Câmara (PLC) nº 219/2015, de autoria do ex-deputado Alberto Mourão (PSDB-SP), que atualiza o marco legal do sistema de franquia empresarial (franchising).
O Projeto, que revoga a atual Lei de Franquia (Lei nº 8.955/1994), corrige a terminologia da lei vigente para afastar a possibilidade de que esse tipo contratual seja enquadrado como relação de consumo ou como relação empregatícia, especialmente nos casos que se referem ao período de treinamento e avaliação.
Além disso, o Projeto traz dispositivo que adota uma terminologia mais clara para reforçar a obrigação do franqueador em fornecer ao interessado em tornar-se franqueado de uma Circular de Oferta de Franquia (COF), com antecedência mínima de 10 dias à assinatura do contrato ou pagamento das taxas pelo franqueado. O texto continua a privilegiar a liberdade contratual, desde que as opções dos contratantes estejam previamente estipuladas na COF. Entre outros aspectos, devem constar da COF as informações relativas a direito de transferência, possibilidade de recusa de produtos, quotas mínimas para aquisição e o âmbito territorial exclusivo para o franqueado.
No que tange à propriedade intelectual, o Projeto trouxe dispositivos específicos que representam avanços à área, pois passa a tratar do tema de forma expressa. O Projeto, por exemplo, passa a adotar a terminologia marcas e outros direitos de propriedade intelectual em vez de prever apenas o direito de uso de marca ou patente, ampliando expressamente o escopo dos direitos de propriedade industrial que podem ser licenciados pelo franqueador ao franqueado.
Para as franquias...
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