How Do Clothing Brand Agents Maintain Their Own Interests?

In recent years, some international brand Spotlight on China market Irregularities, unilaterally breaking the contract, abandoning the original partners and bringing negative effects to the healthy development of the whole market, and how to regulate the cooperation between the two sides is imminent.

In the stage of international brand testing in the Chinese market, most brands choose to set up agents in China to pass on market risks because of the relatively unfamiliar with the Chinese market and the many restrictions on the market and the uncertain market prospect. In 2004, following China's commitment to enter the WTO, opening up the retail industry to foreign capital and breaking the institutional barriers, a succession of international brands and agents scramble for the Chinese market.

However, the above reasons are not enough to explain why international brands choose to abandon agents. In many related brands and Agent In the dispute, what is more deeply felt is that the inherent defects of this cooperation mode result in disputes. The development of the market by agents results in the fact that the market is handed over to the agents, and the supervision of the agents to the agents is mostly reflected in the written contract terms, which are limited by the limited regulatory manpower. However, for those agents who abide by the terms of the contract and devote themselves to enthusiasm, the unilateral breach of the brand is undoubtedly a great blow. As Zhao Yunhu, the president of the company, said, "a plan that is being planned, planned and implemented is constantly obstructed, disrupted, interfered and not implemented, which has brought huge losses to the enterprise."

How can an agent protect his interests from damage? A comprehensive lawyer's suggestion, I believe that agents and branding should consider carefully and refine the contract terms as far as possible. For example, the granting of agency rights should be as clear as possible to specify the scope and time, for example, which stores in the cities, who will be responsible for the decoration of the stores, who will employ the salesmen, and whether to allow the franchisees to be recruited.

In addition, we should distinguish the degree of default and the different consequences caused by breach of contract, for example, under what circumstances constitute remediable breach of contract, and under what circumstances, the brand can terminate the contract immediately. In particular, the amount of liquidated damages should be agreed as far as possible in breach of contract terms, because many cases show that agents usually have significant losses when they default, but there is often no way to prove the amount of losses. Therefore, the agreed liquidated damages will help agents to take the initiative in dispute resolution. The provisions of the dispute settlement clause should also be given enough attention. Avoid different dispute resolution methods in agency contract, trademark licensing contract and other related contracts. Otherwise, it will bring inconvenience to the future dispute settlement.