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International journal of franchising law

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Recent Articles

Franchising in Indonesia - Practical regulatory challenges

A number of factors have fuelled the growth of the franchising sector in Indonesia and the interest of foreign franchisors to enter the Indonesian market. Franchise specific regulations do however present a number of regulatory challenges franchisors must take into account. This article analyses provisions in relation to local content requirements, a profitability threshold and intellectual property protection. The authors conclude that the regulatory framework, in its objective of protecting local franchisees, may prove an obstacle for foreign franchisors considering expanding into Indonesia.

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Real estate issues in franchising internationally

This paper explores how real estate markets, leasing norms and strategies used to find and secure real estate can vary significantly from country to country around the world, and what is important for any franchisor considering expansion to an international market to take into consideration. The authors consider real estate structuring issues, legal and market factors and franchise agreement provisions.

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From the desk of the GC

An interview with Stephen Wetherall, General Counsel Corporate and Commercial at IWG plc

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Avoiding common mistakes in international franchising

This is the seventh and final article in the series “Avoiding Common Mistakes in International Franchising.” In this article, the authors discuss end of franchise issues, especially as they relate to master franchise relationships. The authors suggest agreement language and strategies for achieving workable end of relationship transitions.

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The European General Data Protection Regulation and franchise networks – Time for a change of perspective

The European General Data Protection Regulation (GDPR) became binding law in all EU Member States in May 2018. This article provides a detailed analysis of the major changes the regulation introduced and considers its provisions in relation to material and territorial scope, technical and organisational requirements, cross-border data processing and data subject consent. The author sets out how international franchise networks should approach data protection management.

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Malaysia - Franchise case updates

The Malaysian Franchise Act regulates various aspects of franchising, including in relation to the requirements of approval and registration. A number of recent cases illustrate the importance of abiding by these requirements, particularly as the approach of Malaysian courts appears to lean in favour of protection of franchisees. This article sets out these requirements as well as the civil and criminal consequences of non-compliance. The cases analysed cover the application of non-competition and confidentiality provisions, the interpretation of exclusion clauses and entire agreement clause, the non-renewal of the franchise agreement and the failure to register the agreement.

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