Download or read book A Comparative Study of Laws Governing the Franchisor franchisee Relationship in the United States written by J. Grant Walker and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Franchising Legal Frameworks written by and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law and Regulation of Franchising in the EU written by Mark Abell and published by Edward Elgar Publishing. This book was released on 2013 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔMark AbellÕs book argues that the European franchising market fails to reach its potential as it remains unregulated. He supports this by analysing the historical legal and economic basics and risk/attraction profiles of franchising to franchisors and franchisee, compares the European situation to the highly developed regulatory regimes in the USA and Australia, and moves through to proposing and drafting a new EU directive to bring greater certainty and stability to cross border franchising in the EU. Comprehensively researched and very detailed, this book is a worthy contribution to the literature on the subject.Õ Ð Graham Cunningham, Barrister, Hardwicke Key features of this detailed and insightful work include: ¥ Practical analysis from a leading authority in the field of franchising. ¥ Examination of the impact of both franchise specific and general commercial law upon use of franchising in the EU. ¥ Comparative legal analysis of the law of England, Germany, France, the US and Australia. ¥ Carefully constructed proposals for a franchise directive in the EU based on the vast experience of the author. ¥ A draft text for the proposed directive. The Law and Regulation of Franchising in the EU provides an in-depth analysis of the regulatory environment for franchising in the EU. Franchising in the EU comprises nearly 10,000 franchised brands and over Û215 billion (US$300 billion) turnover per annum. However, compared to its scale in the US and Australia, franchising is not realising its full potential in the EU and the author points to the lack of homogeneity across members states as a large part of the problem. The book concludes by arguing for the adoption of a draft directive, and proposes a draft directive, which promotes market confidence in franchising, provides pre-contractual hygiene and imposes a mandatory taxonomy of rights and obligations. This highly topical and comprehensive work will appeal to franchise lawyers and franchise academics as this is the first book that analyses the impact of EU and member state law upon the use of franchising in the EU.
Download or read book A Comparative Study on Obligations of the Franchisor and the Franchisee Regarding Trademarks Under Korea and USA Law written by Joo-Hee Min and published by . This book was released on 2018 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: As trademarks are essential to the running of the franchise business, issues regarding the trademarks would be the fundamental consideration for the contracting parties. This study discusses obligations of the franchisor and the franchisee regarding trademarks under Korea and USA laws. Legal questions concerning trademarks are identified, and solutions which the contracting parties should take into account are suggested. Firstly, the franchisor should have trademark rights or the right to license to use a trademark. And the franchisor must take control to maintain the value of its trademark and to prevent misleading use of its trademark by the franchisee. But as the extent of control is not provided under Korea and USA laws, the adequate control clause should be included in the franchise agreement. Secondly, for preventing the public confusion or deception, the franchisee is required to adequately use a trademark. Moreover once the infringement of a trademark arises, the franchisee shall inform the franchisor of infringement of trademark rights. This duty is helpful to appropriately deal with infringement of a trademark.
Download or read book Franchising in European Contract Law written by Odavia Bueno Diaz and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of European Law on Commercial Agency, Franchise and Distribution Contracts (PEL CAFDC, 2006) are an academic proposal of the Study Group on a European Civil Code for the European-wide regulation of the contents of these three types of agreements. The academic analysis "Franchising in European Contract Law" focuses on the harmonised Principles on Franchising. At present all member states of the EU have their own regulation on franchising. This situation might change in the light of the political process of Europeanization of contract law that was initiated by the European Commission in 2001. As a result of that process the Principles on Franchising could be declared a set of rules which might be opted for by the parties to franchising contracts Europe-wide to govern their relationship. In this analysis the main obligations in franchising in PEL CAFDC are compared with those under French and Spanish law. The main conclusion of this thesis research has been that the main obligations of parties in franchising under the PEL CAFDC resemble those under French and Spanish law. Eventually, differences will arise depending on how national courts weigh the interests of the parties in each case. A second conclusion has been that a choice for the PEL CAFDC instead of for French and Spanish law could be considered a rational alternative concerning the applicable system of remedies and legal certainty.
Download or read book The Regulation of Franchising in the New Global Economy written by Elizabeth Crawford Spencer and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: While franchising promotes economic and social welfare objectives, Elizabeth Crawford Spencer argues that monitoring and regulation are needed to address potential areas of abuse of the form that can result in costly market inefficiencies. This unique study surveys franchise-specific legislation worldwide as a starting point for a thorough examination and analysis of the role of both private and public regulation of the sector in the context of current theoretical approaches to regulating contractual relationships. The book concludes that properly calibrated regulation can minimize inefficient allocations of power and risk and lead to maximum economic and social benefits by promoting the development of small business, enabling the growth of entrepreneurial skills, and facilitating economic well-being and independence among SMEs. This comparative survey will prove to be invaluable for academics in franchising marketing, management, law and practice. The Regulation of Franchising in the New Global Economy will also appeal to franchise law practitioners, consultants, policymakers and those wishing to influence policy on all sides of the debate in the many jurisdictions that are engaging in the processes of adopting, or reviewing, franchise regulation.
Download or read book Das Recht Des Franchising written by Christian Joerges and published by . This book was released on 1991 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Franchising Relationship written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law and published by . This book was released on 2000 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Franchising written by Vera Berloni and published by . This book was released on 1985 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Covenants Against Competition in Franchise Agreements written by Peter J. Klarfeld and published by American Bar Association. This book was released on 2003 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a state-by-state analysis of covenants against competition in the franchise context, addressing how franchise covenants have been interpreted and enforced under each state's law. It allows comparative research and analysis of the subject.
Download or read book Toward an Egyptian Franchising Law Based on a Comparative Study of the Laws of the United States China and Malaysia written by Radwa Salah Elsaman and published by . This book was released on 2012 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Time could not be better to discuss having a franchising law in Egypt. Legal reform is highly needed to recover from the economic impact of the January Revolution and to improve the chances for foreign investment.
Download or read book The Ftc Franchise Rule written by and published by American Bar Association. This book was released on 2008 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Comparative Law Yearbook of International Business written by Dennis Campbell and published by Kluwer Law International B.V.. This book was released on 2009-12-16 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: With this edition of the Comparative Law Yearbook of International business, experienced practitioners examine a wide range of issues relating to corporate and investment law in Taiwan, Serbia, Switzerland, Japan, Greece, Germany, and the European Union, deal with franchising issues in Ukraine, Spain, Italy, and the review aspects of Internet governance and liability. In the Miscellaneous section of the Yearbook, practitioners review bankruptcy and insolvency in Arab countries, employment of expatriates in Nigeria, exchange controls in Venezuela, regulation of natural gas markets in Greece, and insurance mediation in Spain.
Download or read book Fundamentals of Franchising written by Joseph J. Fittante (Jr.) and published by . This book was released on 2016-12-01 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written specifically to help lawyers and non-lawyers brush up on franchise law, this respected publication - now in its fourth edition - is charged with useful definitions, practical tips, and expert advice from experienced franchise law practitioners. This practical guide examines franchise law from a wide-range of experiences and viewpoints. Each chapter is written by two experienced practitioners to provide a well-rounded guide to the fundamentals of franchise law and key issues in the practice, including trademark law; structuring the franchise relationship; disclosure issues; registration; franchise relationship laws; antitrust law; counseling franchisees; and more.
Download or read book Vertical Agreements and Competition Law written by Sandra Marco Colino and published by Bloomsbury Publishing. This book was released on 2010-01-02 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the current legal framework for vertical agreements in the EU and the US. Over the last ten years, antitrust rules governing these agreements have undergone thorough reform. In the EU, the old sector-specific block exemptions were replaced by Regulation 2790/99, applicable to all sectors of the economy. In addition, changes introduced to the procedural rules have led to the decentralisation of Article 81(3) and the removal of the notification requirement. In like manner, in the US the Supreme Court has gradually taken vertical restraints out of the per se illegality rule. What Sylvania achieved in placing non-price vertical restraints under the rule of reason in the late 1970s, the Khan judgment did for maximum resale price maintenance in 1997, whilst most recently and most significantly in 2007 the Leegin case followed suit for minimum resale price maintenance. The book is divided into four chapters. The first chapter considers the 'double nature' of vertical agreements and the regulatory dilemma. The second chapter explores the most influential economic theories underpinning current regulatory frameworks, and how these theories shape antitrust policy. The third chapter questions the adequacy of the current economic analysis in recent EU and US legislation and court decisions. The fourth chapter analyses how this maturing economic analysis can be reconciled with what commentators and regulators have identified as a key role for competition policy, redressing assumed imbalances between dealers and manufacturers. The author concludes by querying the prevailing logic of protecting sectoral interests above the competitive process.
Download or read book Fortune Favors the Franchisor written by Robert W. Emerson and published by . This book was released on 2015 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: The franchisee-franchisor relationship has often been referred to as the little guy against the big guy. Franchising may encompass the seemingly innocuous defining characteristics of distribution, know-how, brand identification, profits, risk, independence, control, and standards, but there is much more to this relational contract. If parties enter into a franchise or licensing agreement rather than some other business agreement, this does not necessarily insulate the parties from liability. For example, simply because the parties have formed a franchise or franchisee relationship does not mean the parties did not also form an agent-principal (agency) relationship. In addition to the franchise relationship, the latter may be formed, intentionally or unintentionally, if the franchise contract “so 'regulates the activities of the franchisee' as to vest the franchisor with control within the definition of agency.” In that case, the agency relationship arises even if a party expressly denies its formation. Assuming that the parties did not form an agency relationship, then case law interpreting the contractual relationship largely governs the franchisor-franchisee relationship. Under contract law, courts have been quite reluctant to find that franchise agreements establish fiduciary duties between the parties. Only a small minority of courts has found that as a matter of law a fiduciary relationship exists between a franchisor and a franchisee. Defining what duties a franchisor potentially owes to a franchisee is essential to understanding the dynamics of the franchise or franchisee relationship, especially if the franchisee is “David” facing the “Goliath” franchisor. Still, the more perplexing question about those franchisor duties is: Does the franchisor, or even the franchisor's attorney, owe an unrepresented franchisee an additional duty of care during the negotiation process? This difficult proposition is a focus of this Article.
Download or read book Franchise Agreements in French and English Law written by Cam Quyen Corinne Truong and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
