Even if it is not necessary to register an agreement with the Italian PTO, the registration of certain contracts (for example. B patent trademarks and licenses) may be desirable, especially for evidence purposes in the case of legal proceedings. The perception of candour is difficult to explain. In principle, franchise agreements have in common that there is a franchisor and one or more franchisees. The franchisor has the right to achieve a business concept that the franchisor has designed for him and, if necessary, for others. The rest of the contract can be negotiated by the parties. However, several rules and regulations must be taken into account. The parties should be reminded that the restriction of non-competition clauses is always a disadvantage for the franchisee and should therefore be limited only for a reasonable period of time and for a specified period of time. Some trade agreements must be disclosed in certain circumstances, for example. B with respect to state-owned enterprises and contracts with public bodies. Therefore, it is not possible for the parties to exclude the officer`s right to collect a commission for his agitation, so that it is not possible to close it. In addition, the agent has the non-executable right to seek damages from his contractor after the termination of the contract, which includes compensation to the customer.
The agent also has the right to claim damages in the event of an unlimited agreement if the contract is terminated before the deadline. The agent`s place of residence is decisive for competence, without exception. If the term of the lease is longer than or equal to three years, the lease is certified and the right to lease is subject to compulsory state registration. The UAE Courts approach tends to protect an “agent” (including a distributor, licensee or franchisee who meets the registration criteria) at the expense of a non-EAU principle. Therefore, even if the agreements are not registered, the courts of the United Arab Emirates may award compensation to the “agent” in the event of termination. In drawing up an agreement with a unit of the United Arab Emirates, steps should be taken to avoid the risk of being treated as a registered agreement and for the United Arab Emirates Court to accept jurisdiction. There are no general registration requirements for trade agreements. However, some trade agreements may require disclosure if they involve listed companies or the public sector. As far as trade agreements are concerned, Israeli legislation is not subject to a general registration obligation. Nevertheless, some agreements (for example.
B real estate, security documents) may require a bid to be refined or binding on the relevant authorities or third parties. In addition, listed companies may be required to disclose certain essential contracts. There is no obligation to register a trade agreement in the United Arab Emirates. However, “agency” agreements that are exclusive and concluded either with an Emirati person or with a 100% Emirati company can be registered with the Ministry of Economy as a commercial agency under the Agency Act. In this context, “Agency” is of great importance and includes any contract for the supply, sale or distribution of goods or services (. B, for example, franchise and distribution agreements and brand licenses). When an agreement is registered as a commercial agency, the uae courts have sole jurisdiction in the event of a dispute and apply UAE law, regardless of the legal or jurisdictional decisions set out in the treaty (Article 6 of the Agencies Act). Where a contract does not have notice (and is not a fixed-term contract), the contract is considered an indeterminate contract.