Many pharmacy owners believe that the franchisor will not take any steps to reduce the franchisee`s use of such a mark, as they agree to pay a significant fee to the franchisor as part of its franchise agreement in order to use the franchisor`s branding). Article 99, paragraph 3 of the Act does not issue an authorisation for the operation of a public pharmacy if the institution requesting the operation of a pharmacy operates more than 1% of the public pharmacies of Vojvodina or the establishments it directly or indirectly controls, in particular subsidiaries within the meaning of competition and consumer protection legislation, operates more than 1% of the pharmacies of voivodia. Therefore, before entering into a legally binding franchise agreement, pharmacists such as Gavan Sconn should instruct an experienced pharmacy franchise lawyer to verify the agreement and ensure that its contents do not contain unexpected provisions indicating the legal and commercial interests of the pharmacy owner, resulting in an unexpected “heart fire”. Despite this belief, not all “standard” pharmacy franchise contracts prepared by the franchisor will generally grant exclusive territory. A pharmacy owner should negotiate specifically with the franchisor for the inclusion of exclusive territory in the agreement. Some of the typical dangers that are buried in a franchise agreement are: Generally, a pharmacy owner will negotiate or negotiate with his lease as a commercial deal completely separate from the franchise agreement. In light of the above, this owner expects that he will have the freedom to modify or transfer the lease or lease the premises to the exclusion of the franchisor, provided that only the landlord`s agreement is obtained. A franchisor`s “standard” franchise agreement does not allow the franchisee to acquire shares from another supplier or to grant a deferral of the minimum bound purchase requirements. This standard restriction for warehouse suppliers poses a significant commercial risk to pharmacy owners. Despite this expectation, many standard franchise agreements require the franchisee to pre-agree to the franchisor before it deals with its lease in any way, regardless of the size of the problem. According to the NIA, this provision concerns not only the control unit, but also the controlled unit.
A pharmacy can become such a unit if it signs a franchise agreement. The pharmacist who signs the agreement cannot know the extent of the agreements with other pharmacists on the same terms and can therefore be included in the group of subsidiaries that exhaust the characteristics of the regulation. According to the statement of the Supreme Pharmaceutical Chamber (NIA), released in August, a franchise agreement acceptable from a civil point of view can be seen as a way to circumvent existing pharmaceutical legislation.