Examinando por Materia "Franquicia"

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    Ítem
    Análisis de la viabilidad de que exista una franquicia sin contar con registro marcario en Colombia
    (2018) Jaramillo Lopera, Melissa; Romero Taborda, María José; Restrepo Ruíz, Mónica
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    Publicación
    Estudio de prefactibilidad para la creación de una franquicia de jugos naturales en la ciudad de Bogotá y sus municipios aledaños
    (Universidad EAFIT, 2020) Coca Mayorga, John Edisson; Salazar Gómez, Francisco Javier; Uribe Ochoa, Beatriz Amparo
    This document shows the conceptual basis for the creation of a natural juice franchise located in Bogotá, and surrounding municipalities (Chía, Cota, etc.), which was developed under the current conditions of the country and national market and in which trends, consumer habits, and relevant aspects from the Colombian economy and natural beverages sector from recent years, were taking into account. Market, technical, legal, and financial studies were carried out in order to determine the prefeasibility of the project and, once this information was collected it was analyzed and determined that the implementation of this business idea is viable under the current conditions of the country, for which three scenarios were determined as possible from a financial and commercial point of view: A pessimistic one, a feasible, and an optimistic one, from which it was concluded that in the last two (feasible and optimistic) the company should be sustainable in the long-term, financially speaking. Initial financing was raised with indebtedness in traditional banking in a four-year term; however, the possibility remains open for interested investors to disburse seed capital or, as a third and no less important alternative, submit the project to calls by the national Government in order to obtain public funds and be able to execute the project´s development.
  • No hay miniatura disponible
    Ítem
    Franquicia en Colombia, cómo mutaría de un contrato atípico a un contrato típico, regulación y creación de “proyecto ley” de la franquicia
    (Universidad EAFIT, 2023) Muñoz Mesa, Andrés Felipe; Pulgarín, Juan Fernando
    This monograph analyzes the franchise in Colombia and in the world, assesing existing regulations and the behavior of this business model, establishes commercial and legal guidelines that must be adhered to ensuring the fulfillment of the relationship and contract between the involved parties in a clear and equitable manner, which are reflected in a proposal for a “Franchise Law Project” that aims to create a clear and balanced contract where the contracting parties have rights and duties that help improve their commercial relationship fostering mutual growth with a shared goal that benefits both parties. The methodology used corresponds to a qualitative descriptive-interpretive research focused on a documentary design. It centers on the interpretation of commercial law with a particular focus on franchising. This research is conducted through the compilation of historical information of legal, doctrinal, jurisprudential sources as well as national and international legal concepts. Likewise, an analysis is conducted from the 1991 Political Constitution, which in Article 151 establishes that only the Colombian Congress can enact laws regarding economic intervention, stating its purposes and scope. Similarly, Article 333 of the Constitution asserts that economic activity in Colombia is guided by the principles of a free-market system. The preceding reflects that, the appropriate process to legally establish a franchise contract is the procedure of a bill in Congress, especially when dealing with a right regulated by the industrial property regime, patents, trademarks, or other forms of intellectual property that are inherent to the franchise. This is underscored by the fact that a fundamental aspect of this contractual model involves the licensing of brand, name, and trade identity.