With judgment of 14 September 2023 in EXTÉRIA sro v Spravime sro, the European Court of Justice (ECJ) decided on the interpretation of Article 7(1) of Regulation (EU) 1215/2012 (‘Regulation Brussels I bis’), in the context of a contract to enter into a future contract of franchising.
Released on Feb 14, 2024
Franchising, as a business model and business expansion concept, has grown significantly in Den-mark over the recent decades as a result of foreign franchise systems being established in Denmark as well as Danish companies expanding globally via the use of the franchise model. The franchise model is therefore now a commonly used business model in Denmark.
Released on Dec 7, 2023
Since the Covid-19 pandemic, Brazilian contractual law has evolved considerably, by removing certain legal formalities and regulations that no longer have a place in a virtual and globalised world. Franchising legislation has undergone a similar evolution.
Released on Sep 3, 2023
One of the most critical aspects in drafting and managing franchise agreements concerns encroachment. This article will explore the different approaches followed by Italian courts with respect to: (i) the competing activity of the franchisor, selling through parallel sales channels; and (ii) the indirect liability of the franchisor for competing activities enacted among its franchisees.
Released on Sep 3, 2023
While there are no laws in Pakistan specific to franchising, the practice is highly prevalent and derives its validity from the general principles of contracts, intellectual property and foreign exchange. This article will explore the legal franchising landscape in Pakistan and discuss the technicalities of repatriating royalties abroad in compliance with regulatory requirements.
Released on Jun 13, 2023
When parties come together to negotiate International Master Franchise Agreements they focus on royalty splits, development schedules and the boundaries of the territory granted to the master franchisee. Alternative dispute resolution provisions are usually only given little consideration, much less how privileged communications are to be handled if a dispute arises.
Released on Jun 1, 2023
In Europe, although the block exemption for vertical agreements may enable franchisors to protect their legitimate interests, fixing resale prices is usually considered as a ‘no go’ zone. A recent case in China demonstrates a similar administrative approach towards the issue in the context of franchising.
Released on Oct 25, 2022
Australia’s franchising sector has recently undergone a period of change. With the intention to promote fairness and transparency in the sector, Australia’s Franchising Code of Conduct has been updated by the Australian government three times since May 2021. This has resulted in a need for franchisors to ensure their franchise agreements and Disclosure Documents are compliant with the amended Code and that they following all processes and requirements set out in the Code.
Released on Sep 12, 2022
This article provides a summary definitions, conditions, rights and responsibilities outlined by the 2020 Thailand Franchise Guidelines.
Released on Jun 7, 2021
This article examines the Dutch Franchising Act that went into effect 1 January 2021, providing an overview of its definitions, concepts, and content.
Released on Jun 7, 2021
Given the new requirements in Saudi Arabia under its Franchise Law, many franchise deals are now taking much longer than before, as franchisees in the region are grappling with the new requirements. This article provides an update on the jurisdiction.
Released on Jun 2, 2021