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Vol 13 (2015) - Issue 2

Social franchising in the United Kingdom's National Health Service in the light of the Dalton Review

Dr Mark Abell, Bird & Bird LLP, London, United Kingdom

A previous article in this journal considered the role that franchising can play in the internationalisation of healthcare. This article considers how, in the light of the recent Dalton Review into the UK’s National Health Service, social franchising can be used to promote best practice there, despite the Review’s failure to identify franchising as part of the solution to the NHS’s current ills. The author argues that social franchising could create a free market within the NHS that will enable the collaborative mutualisation of best practice in a financially responsible and socially appropriate manner.

The protection of a franchisor's know-how under the proposed EU Trade Secrets Directive

Mark Abell and Warren Wayne, Bird & Bird LLP, London, United Kingdom

In the European Union legal framework trade secrets are among the least protected intangible assets against unlawful acquisition, use or disclosure. Protecting those trade secrets, whilst at the same time ensuring that franchisees and their employees use them in the day to day running of the franchised business, is one of the greatest challenges facing franchisors. A proposed new EU Trade Secrets Directive is set to make this considerably easier. This article sets out the provisions of the Directive and assesses its impact on the franchise model.

Modernisation of Kazakhstan's intellectual property legislation

Nick Green, Bird & Bird, London, United Kingdom

Kazakhstan has recently taken a significant step towards simplifying its IP legislation and harmonising its IP administrative regulations with those of other countries in Eurasia. On 20 April 2015 the Law on Amendments to Some Legislative Acts of the Republic of Kazakhstan on the Issues of Legal Regulation in the Area of Intellectual Property (the 'Law') came into effect, making a number of important amendments to the IP regulatory regime in Kazakhstan. This article analyses two of the key provisions of the new law.

A marriage made in heaven? Private equity and international franchising

Francesca R. Turitto, Roma Legal Partners, Rome, Italy, Luciana Bassani, Dannemann Siemsen Advogados, Rio de Janeiro, Brazil, Dominic Hui, Ribeiro Hui, Shanghai, China, David W. Koch, Plave Koch PLC, Reston, USA and Sajai Singh, J. Sagar Associates, Bangalore, India

Franchises tend to have well-developed brands, predictable and recurring revenue streams and modest capital expenditure needs, making them special targets for many private equity firms who continue to invest not only in franchisors, but also in their master franchisees and multi-unit operators in other countries. This article provides an overview of the private equity market in recent years, with a focus on Asia and South America. It analyses various business, financial and legal aspects of PE deals in the franchising sector from the point of view of PE funds and franchisors, including the role and drivers for the investment, timing of the investment, preparation and organisation of the transaction, and challenges during and after the transaction.