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Vol 5 (2007) - Issue 1

Territory - Do you really know what you are getting?

Stewart Germann and Clive Neifeld, Stewart Germann Law Office, Auckland

When a potential franchisee has selected a franchise which he or she wishes to pursue, then due diligence must be done. This will involve obtaining a copy of the disclosure document and franchise agreement from the franchisor. A key element in the grant of any franchise is what the territory will be. The issue of territory is a very important one for careful consideration. This article will consider various permutations of territory and will highlight the key areas to watch when a prospective franchisee is considering the franchise agreement and its ramifications

Franchising in Poland

Andrzej Krawczyk, Managing Partner, ARSS, Warsaw

This article provides ab overview of the franchising sector and the legislation applicable to franchising agreements in Poland. The author covers relevant civil law provisions regarding the terms and termination of the agreement, financial aspects, intellectual property, competition law and issues of liability.

China: Regulations on the administration of commercial franchises

Andrew Halper, Partner, Eversheds, London

Unofficial translation of the Regulations on the administration of commercial franchises

Franchisorís intellectual property protection in Taiwan

Jacqueline C. Fu & Alex C. Hung, J&J Attorneys at Law, Taipei

This article will summarize the legal protections for trademarks, copyrights, and know-how, the license of such rights is commonly seen in a franchise license system. It is common in Taiwan that after termination of the franchise, the franchisee may continue to use the trademarks of franchisors, or refuse to change the appearance of the stores, which caused great confusion to the consumers. Therefore, it is important to understand the legal system in Taiwan for protecting the intellectual property rights, in order to obtain adequate protection for such rights.

Summary of the Federal Trade Commissionís Revised Rule on Franchising

Michael G. Brennan, Partner and Lauren J. Murov, Associate, DLA Piper Rudnick Gray Cary LLP, Chicago

For over a decade, the Federal Trade Commission has been contemplating an overhaul of its Rule on Franchising. As of the end of January 2007, the FTC has finalized numerous revisions to the Rule. Franchisors must begin complying with the Revised Rule no later than July 1, 2008, but may voluntarily comply beginning on July 1, 2007. A franchisor may not choose at any time to comply with only a portion or portions of the Revised Rule, but rather, must transition all at once to the Revised Rule. This article summarizes many of the most notable changes to the Rule.