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PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN FRANCHISE
As presented by ASHRAF EL MOTEI
Asharqia Chamber, Dammam, KSA
29-30 May 2012
P.O. Box 112888Dubai, UAE
Tel: +971 4 435 5959Fax: +971 4 435 5858
Email: [email protected]: www.motei.com
FRANCHISOR INTELLECTUAL PROPERTY RIGHTS
PART I: FRANCHISOR ITELLECTUAL PROPERTY RIGHTS (IPR)
1. General Definition
2. Franchising and IPR
2.1 Importance of IPR in Franchising
What does IP include?
Branches of IP
FRANCHISOR INTELLECTUAL PROPERTY RIGHTS
2.2. Need for Protection of IPRs of Franchisors
Importance of Protection:
Time, Effort and Money Spent Provides Effective Insurance for Franchisor Assurance to Potential Franchisees Advances in technology Employee mobility and shifting allegiance
Consequences of Non-Protection
Setting up of Competitive Companies by Employees Misuse of generic or not sufficiently distinctive
FRANCHISOR INTELLECTUAL PROPERTY RIGHTS
3. Key Elements that require protection in Franchisor’s IPR
3.1 Goodwill
ConceptBenefits of Franchisor’s Goodwill to FranchiseeIts importance for consumers
3.2 Confidential Information
Its MeaningEssential requirements to prove trade secretsWays of protecting confidential information
FRANCHISOR INTELLECTUAL PROPERTY RIGHTS
4. Means of Protecting Franchisor’s IPR
4.1 By means of a Well Drafted Franchise Agreement Important points to be included in Franchise
Agreement
4.2 By Additional Means
Design active trade mark protection program Exercise care in registration of the copyright in a
franchisor’s operations manual Signing of Covenants Setting up of an Offshore Company
SETTING UP AN OFFHORE COMPANY IN U.A.E.
PART II: OFFSHORE COMPANY
1. Going Offshore: Reasons & Benefits
2. Setting Up an Offshore Company to hold IP Rights
3. UAE OFFSHORE JURISDICTIONS
4.1 Jebel Ali Offshore (JAFZA) 4.2 Ras Al Khaimah Offshore (RAKIA)
SETTING UP AN OFFHORE COMPANY IN U.A.E
A. WHY GO OFFSHORE?
Offshore Companies (or Non-Resident Company) are used to mitigate taxes.
Residents of countries with high tax rates may be able to reduce the tax they pay by arranging for profits to be attributed to a company incorporated in a territory which doesn’t tax the income earned outside of the territory.
Offshore Companies are mainly used in Trading, Services, Property Owning and Shipping.
OFFSHORE COMPANIES
SETTING UP AN OFFHORE COMPANY IN U.A.E
Going Offshore: Reasons & Benefits
Maintain financial privacy Banking privacy Reduce tax Free remittance of profits and capital Security of property rights Access to foreign insurance and reinsurance Foreign investment inducements No inheritance, succession or gift taxes Reduce legal liabilities Freedom from currency exchange control No international trade tariffs
OFFSHORE COMPANIES
SETTING UP AN OFFHORE COMPANY IN U.A.E
The principal uses of offshore companies are:
Trading InvestmentHoldingFinancingTrademark, patent, royalty and copyright holdingReal property ownershipShip management and yacht owningPersonal and corporate tax planning
OFFSHORE COMPANIES
SETTING UP AN OFFHORE COMPANY IN U.A.E
Setting Up an Offshore Company to hold IP Rights
Concept of Restructuring
Its Advantages
Mitigation of Double Taxation
Payment of Royalties by Associated Companies
OFFSHORE COMPANIES
SETTING UP AN OFFHORE COMPANY IN U.A.E
B. Jebel Ali Offshore (JAFZA)
Features:
No tax Easy procedures for incorporation and transfer of shares The UAE is considered a Schedule 3 FATP jurisdiction and complies with
the relevant anti money laundering regulations The UAE has an extensive and growing list of double tax treaties,
which currently numbers 52 countries. This network includes treaties with China, France, Germany, India, Indonesia, Italy, Luxembourg, Malta, Malaysia, the Netherlands, Singapore, South Korea
Jebel Ali Offshore Companies can hold an account in a bank within and/or outside the UAE for the purpose of conducting routine operational transactions
Jebel Ali Offshore is not on the OECD “blacklist” of tax havens (nor the FATF blacklist)
UAE OFFSHORE JURISDICTION
SETTING UP AN OFFHORE COMPANY IN U.A.E
C. Ras Al Khaimah Offshore (RAKIA)
Features:
No Tax No foreign exchange controls, trade barriers or quotas Easy procedures for incorporation and transfer of shares RAKIA Offshore is not on the OECD “blacklist” of tax havens (nor the
FATF blacklist) Double Taxation Treaties: Double taxation agreements prevent
individuals and corporations from being susceptible to paying tax on the same item during the same time period. These agreements determine which of the two states concerned should levy tax in a particular situation
can hold an account in a bank within and/or outside the UAE for the purpose of conducting routine operational transactions
UAE OFFSHORE JURISDICTION
THANK YOU
