Search Publication

Vol 2 (2004) - Issue 4

Franchise disclosure legislation in Italy

Professor Avv. Aldo Frignani, University of Turin, Frignani e Associati, Turin and Milan

In this feature, Aldo Frignani explains the implications of the long-awaited new Italian Law on Franchise Disclosure, which was recently passed by the Italian Senate. After setting out the background, he analyses the impact of each Article of the legislation.

News from around the world - Canada

John Sotos, Sotos Associates LLP, Toronto, Ontario

This feature will examine the trend towards increasing franchise regulation in Canada by discussing current legislative initiatives that are having, or are likely to have, an impact on franchising, and then reviewing recent legal decisions in franchising cases that may impact on franchising in Canada through “judge-made” law.

Franchising in Serbia and Montenegro

Dr. Milan Parivodic, Parivodic & Associates, Attorneys at law, Registered IP Attorneys, Belgrade

In this feature, the background to the system which governs franchising law and regulation in Serbia and Montenegro is described. There is a full overview of the role of contract law, intellectual property law and competition law.

Evolution of franchise law in Spain

Alberto Echarri and César Vázquez, Mullerat Abogados, Madrid

This feature examines the rapid development of franchising law in Spain. After tracing the development of the legislative framework—both national and at the EU level, relevant Spanish case law is analysed. Finally, there is a look at what future developments may be on the horizon.

Franchising in Singapore and Malaysia

Gillian Lee, Khattar Wong, Singapore

Gillian Lee sets out the framework of law applicable in Singapore to franchising. She explains that as there is no specific legislation provided, franchising must rely on existing contract and consumer law as well as on the Patents Act. By way of contrast, she goes on to set out how franchising in Malaysia is now regulated by a specific Franchising Act.

EU Report August 2004

James Webber, Eversheds LLP, Brussels

The European Commission has recently suffered further setbacks in its efforts to police competition policy at the hands of the EU’s Court of First Instance. This comes ahead of Microsoft’s application to have their massive fine and behavioural undertakings suspended which is due to be heard in September, together with the appeal by GE against the Commission’s decision to refuse permission for GE’s merger with Honeywell.

US Report August 2004

Michael G. Brennan and Tara A. Cope, Piper Rudnick LLC, Chicago

US Report examines two important issues. The impact of the recently enacted unsolicited commercial email (anti-spam) legislation—with particular reference to the obligations imposed on franchise companies and the actions they should consider taking. Punitive damages are discussed in the light of the recent federal appellate court decision in, Eden Electrical, Ltd. v. Amana Company. This provides an instructive analysis of when an award of punitive damages is deemed an appropriate redress for a plaintiff and how courts analyse the size of such an award.