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Vol 6 (2008) - Issue 2

Franchising law issues in Israel

Neil Wilkof and Gal Rozent, Partners, Herzog, Fox and Neeman, Tel-Aviv

While there is no single law that governs franchising in Israel, the intellectual property laws, the antitrust laws and the law of contract all provide substantial protection for franchising arrangements. The authors provide a comprehensive overview of the relevant legislation and case law, and their specific application to franchising arrangements.

Ukraine - Recent case law on franchising

Dr. Tatyana Slipachuk, Counsel, Vasil Kisil & Partners, Kiev

Franchising is still a rather new concept for the Ukrainian business and legal community. Recent case law highlights the very formal approach adopted by Ukrainian courts and the importance of ensuring that franchise agreements are very detailed in setting out the rights and obligations of foreign franchisors and/or franchisees.

The importance of cultural differences when expanding a franchise internationally

Albrecht Schulz, Partner, CMS Hasche Sigle, Stuttgart and Dr. Souichirou Kozuka, Professor of law, Sophia University, Tokyo

Despite the forces of globalisation, the possibilities to expand a home-grown franchise system in an identical form around the world are often limited. Franchising cannot succeed internationally unless it takes account of and respects the extent and the importance of cultural differences. The authors set out a number of issues which franchisors should consider to improve their prospects of international success.