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Law (2006:484) About Franschisegivares Obligation

Original Language Title: Lag (2006:484) om franschisegivares informationsskyldighet

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The law's content



paragraph 1 of this law provides for franchisegivares

obligation to a franchise agreement entered into before giving

the franchisee with certain information.



Definition of franchise agreement



2 § With franchise agreements referred to in this Act an agreement whereby a

Traders (the franchisor) agree with someone else

(the franchisee) to him for consideration to

the franchisor shall use the franchisor's special

business idea for marketing and sales of goods or

services. As additional conditions to an agreement

shall be deemed to be a franchise agreement under this Act applies to

under the contract, the franchisee shall use the franchisor's

nutritional characteristics, or other intellectual property rights,

participate in periodic checks of compliance with the agreement.



Franchisor's obligation



section 3 of the advance of a franchise agreement is concluded, a

franchisor in writing give the franchisee the information

If the substance of the contract and other conditions needed to

the light of the circumstances. The information should be clear and

understandable. It shall include at least the



1. a description of the franchise operations that

the franchisee must carry out,



2. indication of other franchisees that the franchisor has

agreed with in the same franchise system and scope

of their activities,



3. a statement of the compensation that the franchisee shall pay

to the franchisor and other economic conditions of

franchise operations,



4. a statement of intellectual property rights shall be granted to

the franchisee,



5. an indication of the goods or services that the franchisee is

required to buy or rent,



6. the competition ban to be applied during or

by the time the franchise agreement is valid,



7. the term of the contract, the conditions for change,

extension and termination of the franchise agreement and the

economic consequences of termination, and



8. indication of how a dispute in respect of the agreement,

and what shall apply in respect of cost responsibility for a

such a dispute.



The first subparagraph shall also apply when an existing

franchise agreement with the franchisor's consent, shall

be transferred to a new franchisee.



Failure to provide information



paragraph 4 A franchisor that has entered into a franchise agreement without

having fulfilled their obligation under paragraph 3 may be required to, in

terms of the agreement and future franchise agreements, leave

information in accordance with what is stated in the paragraph. A

such imposition can be directed also against someone who is employed by the

the franchisor or acting on his behalf.



§ 5/expires U: 2016-09-01/

Action for injunction in accordance with paragraph 4 of the market Court is seised.



Such an action may be brought by the



1. a franchisee in such an agreement referred to in paragraph 4,



2. an Association of traders, or



3. another association which has a legitimate interest in

represent the trader.



The who has standing under the second subparagraph shall have the right to participate in

trial as an intervener pursuant to chapter 14. the code of judicial procedure.



In case if the imposition under section 4 of the terms of the provisions of

the Marketing Act (2008:486) governing the procedure and

the allocation of costs in case of imposition to

provide information pursuant to section 24 of the Act. The provisions of 28,

42-46 and 61 § § If the Consumer Ombudsman shall not, however,

applied. Law (2008:511).



§ 5/comes into force in: 2016-09-01/

An action for injunction under paragraph 4 are instituted before the Patent and the market Court.



Such an action may be brought by the 1. a franchisee in such an agreement referred to in paragraph 4, 2. an Association of traders, or



3. another association which has a legitimate interest in representing traders.



The who has standing under the second subparagraph shall have the right to participate in the trial as an intervener pursuant to chapter 14.

the code of judicial procedure.



In case if the imposition under section 4 of the terms of the provisions of the Marketing Act (2008:486) governing the procedure and the allocation of costs in case of obligation to provide information pursuant to section 24 of the Act. The provisions of 28, 42-46 and 61 § § If the Consumer Ombudsman shall not, however, apply. Law (2016:221).



6 §/expires U: 2016-09-01/

An obligation under paragraph 4 shall be accompanied by a penalty, if it

not for specific reasons is unnecessary.



Action for imposing liquidated damages are brought before a court which is

competent pursuant to Chapter 10. the code of judicial procedure. Such an action may

always be brought in the District Court of Stockholm.



The action may be brought by the person who requested the decision imposing the periodic penalty payment.



6 §/entry into force: 2016-09-01/

An injunction under section 4 should be combined with a penalty, unless for special reasons is unnecessary.



An action for imposing liquidated damages are instituted before the Patent and the market Court.



The action may be brought by the person who requested the decision imposing the periodic penalty payment.

Law (2016:221).