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特许经营作为一种独特的企业发展模式,其优势和潜力已被海外100余年的发展历史所证实,成为越来越多的国家经济增长中的重要角色。20世纪90年代末,我国成品油销售网络建设引入了特许经营模式,但是这种运营模式在发展的同时也伴随着诸多的问题,尤其是加油站特许经营中的法律风险问题。为此,本文就加油站特许人在知识产权、承担替代责任、和限制竞争行为等方面存在的法律风险进行了分析并提出了相应的风险防范建议。
Franchising, as a unique model of enterprise development, has its advantages and potentials proven by the overseas development history of more than 100 years and has become an important role of an increasing number of countries in economic growth. In the late 1990s, the franchising model was introduced in the construction of the refined oil sales network in our country. However, this mode of operation was accompanied by many problems at the same time, especially the legal risk in the franchising of gas stations. Therefore, this paper analyzes the legal risks of gas station franchisors in aspects of intellectual property rights, taking on alternative liability and restricting competition behaviors, and puts forward corresponding risk prevention suggestions.