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Franchising in Belarus: Slowly Coming of Age in the Former Soviet Republic State
Although Belarus does not have its own franchise law code, the Civil Code of Belarus, which was adopted on Dec. 7, 1998 and entered into force on July 1, 1999, contains Article 53 dealing with a franchise, or as it says in the Code 'Complex business licence.' On Aug. 18, 2004, amendments to this regulation were adopted and entered into force on Feb. 27, 2005. Not surprisingly, the terminology used in Article 53 is the same as in the Russian Civil Code.
Before the new legislation came into force, franchising was mostly unregulated in Belarus. There was only one article in the Civil Code that referred to franchising. This rather unhelpfully provided that franchising could only be used 'in cases, provided by the legislation.' As the law did not provide for the use of franchising, most companies used 'licensing agreements' instead to govern their contractual relationships.
The lack of a franchising law has stunted the development of what seems to be a promising market in which brand name recognition is on the rise. McDonald's, for example, which, according to a recent poll is a brand that 57% of people in Belarus are familiar with, did not expand its business by franchising, but is a 100% foreign-owned company.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?