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Vol 4 (2006) - Issue 3

Canada – A comparison of Canada’s newest franchise legislation against existing franchise laws

Frank Zaid, Partner and Dominic Mochrie,Associate, Osler,Hoskin & Harcourt LLP,Toronto

Recent developments in the Canadian provinces of Prince Edward Island and New Brunswick, triggered by the Uniform Law Conference of Canada’s adoption of model uniform legislation, have introduced franchise-specific legislation that is substantially similar to Ontario’s Arthur Wishart Act (Franchise Disclosure), 2000 and Alberta’s Franchises Act – legislation with which most franchisors in Canada are already familiar – but there are some noteworthy exceptions.

EU Report - Focus on competition law in the EU

John Grayston, Partner and Giani G. Pandey,Associate, Eversheds, Brussels

2006 has already seen a number of important developments in the field of competition law in the EU and its 25 Member States which will be of interest to franchisors and franchisees.

Indonesia – New franchise regulation

Richard Cornwallis, Senior Foreign Legal Consultant, Makarim & Taira S., Jakarta

A new regulation, namely Regulation of the Minister of Trade No.l2/M-DAG/PER/3/2006 dated 29 March 2006 regarding the Provisions and Procedures for the Issuance of a Franchise Business Registration Certificate (“Surat Tanda Pendaftaran Usaha Waralaba – “STPUW”) (“Regulation No.12/06”), has been adopted. The regulation, which revokes Decree of the Minister of Industry and Trade No.259/MPP/KEP/7/1997 dated 30 July 1997 regarding the Provisions and Procedures for Franchise Business Registration, is part of an Investment Policy Package which intends to promote capital investment and improve legal certainty in Indonesia.

Spain – New regulations on the Spanish franchisor’s registry

Alberto Echarri, Partner, Gómez-Acebo & Pombo, Madrid

On April 7th this year, the Spanish Government modified the regulations applicable to the Spanish Franchisors’ Registry (Royal Decree 2485/1998).

Recent developments in Greece, Vietnam, Austria and Sweden

Dr Martin Mendelsohn

An update on new and proposed legislation in Greece, Vietnam, Austria and Sweden.

US Report

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

An update on recent US case law regarding restrictions on internet sales and the issue of domestic policy over international comity.