Corporation "Pizza Pizza", a legal entity (2010)

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Uploaded: 13.01.2011
Content: 1184.zip (13,9 kB)

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Description

Objective 1

Corporation "Pizza Pizza", a legal entity under the laws of Delaware (USA), has signed an agreement with the owner Anufriev franchise. According to the contract the entrepreneur acquired the right to use the brand name, business reputation of the company and trademark of the implementation of the baking goods industry. Rights and obligations of parties to a contract are determined by Russian law.
Anoufriev appealed to the district administration in the community and in the Russian Agency for Patents and Trademark Office an application for registration of a commercial concession.
The administration refused to register the contract in the following osno¬vaniyam. Firstly, the agreement of commercial concession shall be registered at the location of the copyright owner, not the user. Secondly, the parties have not foreseen in the contract conditions on the transfer of user documentation and information, as well as advising users and workers on the implementation of the rights granted to him under the contract of commercial concession. It has not been provided and the issuance of a license for the trademark "Pizza Pizza." Thus, the parties have not agreed on the essential terms of the contract of commercial concession, whereby the contract is not concluded.
Russian Agency for Patents and Trademark Office reported that it could not register the agreement on transfer of the right to use a trademark as a trademark "Pizza Pizza" in the agency is not registered.
The law firm serving the corporation "Pizza Pizza" in response to a request Anufrieva said that under the laws of Delaware trademarks can be protected without special registration. Register as a contract of franchise Delaware law generally is not provided.
Questions to the problem:
1. What actions should be taken hand in this situation, legally competent to formalize their relationship?
2. Analyze the reasons the administration and the Russian Agency for Patents and Trademarks. What are the terms of the agreement of commercial concession are essential?
3. What are the legal consequences occur if the right holder loses exclusive rights to industrial property, licensed to the user under the contract of franchise?

Task 2


Sokolov made with a real estate agency contract under which the Agency is obliged to pick up for his two-bedroom apartment in a brick house raspo¬lozhennuyu near a metro station. Sokolov made an advance payment of 100% of the price paid for the services and agencies that make up 7% of the purchase price. All funds were transferred to the representative of the agency and placed in a safe, one key, which gave Sokolov, and the second was the administrator of the agency.
When a suitable Sokolov apartment was found, it became clear that its value is 60% of the amount received by the agency from Sokolov. Sokolov after your apartment in his name demanded that the agency return the difference between the actual amount owed and paid the agency remuneration. The representative of the agency said that between the agency and the agency Sokolov signed a contract in which the agency to act on behalf and at the expense of Sokolov in the selection and design of the apartment. The price of this contract is 7% of the price. Responsibility for violation of the obligations assumed by the treaty is not provided, the more that the agency, to find a cheaper apartment Sokolov, to comply with its obligations under the contract with the greatest benefit for the customer. Sokolov sought the advice of a lawyer.
Questions to the problem:
1. What advice should be given to Sokolov?
2. Prepare a plan of necessary measures to protect the interests of Sokolov.

Task 1

Make a project partnership agreement, set up by members of the cooperative suburban "Northerner", located in the village Marfino Moscow region for the creation of individual wells members of the cooperative. Prov

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