How Do Brand Clothing Agents Protect Their Rights?
China's clothing network agents are special.
China's Internet is not too late to start. It has been 13 years since the start of the Internet in China and today's prosperity.
For the Internet industry, China has become the second largest Internet country after the United States. Its development is fast and is becoming a paradise for millions of Internet talents.
With the development of communication technology and the popularization and application of Internet, the e-commerce industry is developing rapidly and gradually entering into people's daily life. China's apparel network agents also emerge as the times require.
E - commerce has been in China for ten years, but it is
clothing
The most powerful agents are C2C agents, but these garment agents are often self-employed. China's network pactions are very irregular, so they are very vulnerable.
Clothing agents, on the one hand, can gain huge profits from some famous brands. But on the other hand, in the face of China's chaotic market, some international brands have been observing the irregularities of the Chinese market. They have unilaterally broken the contract and abandoned their original partners, which has brought about a negative impact on the healthy development of the whole market. How to regulate the cooperation between the two sides and protect the rights and interests of the clothing agents is imminent.
In the stage of international brand clothing testing in the Chinese market, most of them are unfamiliar with the Chinese clothing market, and there are many restrictions in the market and the market prospect is not clear.
brand
The clothing manufacturers chose to set up agents in China to shift market risks.
Against this background, a succession of international brand clothing manufacturers and garment agents scramble for the Chinese market.
However, the above reasons are not enough to explain why international brand clothing chooses to abandon agents.
In the dispute of many related brand clothing dealers and clothing agents, it is a deeper experience that the inherent defects of this cooperation mode result in disputes.
The development of the market through clothing agents results in the fact that the market is handed over to the agents, while the supervision of the brand agents to the clothing agents is mostly reflected in the written contract terms, which are limited by the limited supervision manpower.
However, for those garment agents who abide by the terms of the contract and devote themselves to enthusiasm, the unilateral breach of the brand clothing business 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 a garment agent protect his interests from damage? A comprehensive lawyer's suggestion, I think, clothing.
Agent
The contract should be considered in the process of signing the contract with the clothing brand.
For example, the granting of the right to dress agents should be as clear as possible as to the scope and time, such as which stores in the cities, who will be responsible for the decoration, who will employ the shop assistants, whether to allow franchisees, whether to allow network sales, and brand protection in online sales.
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.
That is to terminate the contract and so on.
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 garment agency contract, trademark licensing contract and other related contracts.
Otherwise, it will bring inconvenience to the future dispute settlement.
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