The franchise agreement in relation to the commercial license agreement regime in Peru

Obiol Anaya E.F.; Muro Vigo D.J. · Clio. Revista de Historia, Ciencias Humanas y Pensamiento Critico. (2025) · DOI: 10.5281/zenodo.15550721

Resumen

Peruvian industrial property regulations recognize the commercial license agreement, creating a hybrid legal framework that, while covering aspects of know-how, could also be indirectly applied to franchise models. This ambiguity generates legal uncertainty and administrative challenges for businesses seeking to expand through franchising. The research aims to analyze how the explicit inclusion of franchises within this regime could enhance legal certainty and promote economic growth. The methodology involves doctrinal review, legal analysis, and a comparative study with countries like the United States and Spain, where franchises are more clearly regulated. Legal gaps are identified, and specific regulatory reforms are proposed. Expected outcomes include the simplification of administrative procedures, reduction of contractual disputes, and a more attractive environment for foreign investment. In conclusion, a specific regulatory framework for franchises in Peru would strengthen the legal system and support the professionalization and expansion of businesses under this model.

Instituciones: Universidad de San Martín de Porres