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Vol 3 (2005) - Issue 4

Belgian Franchise Law

Chris Wormald, Partner, Eversheds LLP, London and Maude Berthoumieux, Eversheds LLP, Brussels

Draft law regarding the pre-contractual information in the framework of commercial partnership agreements Belgian Chamber of Representatives.

International franchise contracts in Taiwan

Jacqueline C. Fu, J&J Attorneys At Law, Taipei

Taiwan’s government currently does not have well-established policies relating to international franchises. The only rules which are aimed to deal with franchises are the Standards Governing Disclosure of Information by Franchisors (‘Disclosure Rules’) under the Fair Trade Act, promulgated by the Fair Trade Commission, which is the equivalent of the antitrust laws in the USA. Therefore, a franchise contract in general is governed by the Taiwan Civil Code, the law that combines contract law, property law, family law, and inheritance law. This article addresses the most frequently asked questions in connection with international franchise contracts in Taiwan.

Franchising in the Republic of Slovenia

Dusana Bajc, Attorney, Wolf Theiss, Ljubljana and Dr. Maria Skof, Associate, Wolf Theiss, Vienna, Competition Law Group

This article outlines the Slovenian legal and regulatory framework for franchising as a method of doing business in the Republic of Slovenia, with a particular focus on the law applicable to commercial contracts and competition law.

Franchising data protection and e-commerce in India

Preeti Mehta, Partner, Messrs Kanga & & Co, Mumbai

The author describes the combination of franchising and e-commerce that is creating a revolution in the area of sale and distribution of goods and services in India.

US Report August 2005

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

This month’s report highlights two cases, the first where merger and integration clauses and disclaimers did not prohibit reliance on oral representations, and the second where unauthorised use of hotel franchisor’s trademarks was held to cause irreparable harm.

EU Report August 2005

James Webber, Eversheds LLP, Brussels

A recent Court of Justice judgment provides that the award by a municipality of a public service concession for supply of natural gas to a company with predominantly public share capital must comply with transparency criteria. New Commission rules have been adopted to encourage the development of regional airports and the Commission has opened a public consultation on commitments submitted by BUMA and SABAM, the Dutch and Belgian collecting societies that manage music copyrights for authors.