Author(s) Rute Alexandra Santos Cruz
Advisor(s) Maria Miguel Carvalho
Synopsis The following dissertation – entitled as: The Legal Nature of the Trade Mark Merchandising Agreement – firstly discusses merchandising in general and trade mark merchandising in particular. Secondly, it analyses the legal regime concerning the trade mark merchandising agreement, in order to determine its legal nature. The trade mark merchandising agreement is not currently regulated by the Portuguese legal system in an explicit manner. In trade mark law, the legal regime that most closely regulates this subject is the one regulating the trade mark license agreement. (art.32º and art.264º in portuguese Industrial Property Code). However, this legal regime is frequently unable to find solutions to many contractual practice issues. We follow the perspective in which the trade mark merchandising agreement finds its legal nature in lease agreement, being a modified mixed atypical type of lease agreement. The thesis adopted is supported by the idea that the applicable legal regime must determine the legal nature of the agreement. We acknowledge that the legal regime which presents higher probability of practical applicability in what concerns to trade mark merchandising agreement, is the lease agreement legal regime. Nevertheless, the legal regime that legally regulates the trade mark license agreement will still be applied, even though by analogy, whenever necessary.
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