I. Precautions before joining the WTO

1. Register the national enterprise credit information publicity website or websites or apps such as Kaixinbao, Tianyancha and Shuidi Credit, enter the company name, and inquire about the company registration, such as registration time, number of shareholders, subscribed capital and paid-in capital, and whether there are trademarks, patents, domain names, abnormal operations, administrative penalties and lawsuits. Make a comprehensive understanding of the company's operation.

2. Log on to the unified platform of the business system of the Ministry of Commerce-Commercial Franchise Information Management Network, enter the name of the company or brand for inquiry, and verify whether the company or brand has been franchised for filing and filing details;

3. Log in to official website of China National Intellectual Property Administration Trademark Office to inquire about the company's trademark registration, sign registration of joining projects or similar trademark registration, etc. As trademarks belong to the core resources of commercial resources, if the ownership of trademarks is unclear, resulting in infringement, it is not only necessary to stop using trademarks or logos, but also face the risk of being claimed;

4. Go to other franchisees of the company to make a "wait-and-see" inspection, see how the passenger flow and sales volume of the franchisees are, and whether they meet the expectations. You can also enter the store to check the overall decoration and decoration. Seeing is believing and knowing well.

Second, how to protect rights after China's accession

1, regret period (cooling-off period)

Article 12 of the Regulations on the Administration of Commercial Franchise stipulates that the franchisor and the franchisee shall stipulate in the franchise contract that the franchisee may unilaterally terminate the contract within a certain period after the franchise contract is concluded. This clause is the so-called "cooling-off period" clause. According to this clause, both parties to the contract must agree that the franchisor (franchisee) can unilaterally terminate the contract within a certain period of time without continuing to perform the obligations stipulated in the contract.

How long is this cooling-off period? In other words, how long can I unilaterally cancel the contract and get back the franchise fee after signing the contract? This is not clearly stipulated by law. In judicial practice, it is basically considered as a reasonable period to terminate the contract within 1-4 months, so can't the contract be terminated after this time? No, if the franchisee does not receive the training materials provided by the other party after signing the contract, does not participate in the training, does not actually enjoy the other party's services or does not actually use the other party's business resources, it can also terminate the contract and ask the other party to return the franchise fee, but the longer the delay, the lower the return ratio.

2. What should I do if I find that the other company has false propaganda or provides false information or conceals facts?

If the other party makes false propaganda or provides false information or conceals facts, the franchisee may unilaterally terminate the contract and ask the other party to return the franchise fee. Legal basis: Article 23 of the Regulations on the Administration of Commercial Franchise shall provide true, accurate and complete information to franchisees, and shall not conceal relevant information or provide false information. If the information provided by the franchisor to the franchisee changes significantly, it shall notify the franchisee in time. If the franchisor conceals relevant information or provides false information, the franchisee may terminate the franchise contract.

3. What if the company doesn't agree to cancel the contract or can't get a refund after canceling the contract?

The franchisee's right to terminate the contract is legal and can be exercised unilaterally without the company's consent. After the franchisee unilaterally cancels the contract, the company often does not cooperate with the refund, but finds various reasons to delay. How to defend rights at this time? It is suggested to bring a confirmation lawsuit to the court as soon as possible: first, confirm that the contract has been terminated; Second: ask the other party to return the franchise fee; Third: ask the other party to compensate for losses (such as rent loss, decoration loss, material loss, employee salary loss, etc.). ); Fourth: ask the other party to bear all the litigation costs. In order to ensure the execution, you can apply to the court for property preservation before the prosecution, seal up and freeze the company's property, and prevent the company from transferring its property and evading execution.

Of course, if franchisees don't have the time and energy to investigate or defend their rights, they can also entrust lawyers to conduct business investigations on the projects to be joined before joining, and lawyers can issue business investigation reports on the projects, and they can also entrust lawyers to defend their rights when their legitimate rights and interests are infringed.