The Franchise Law Review - Edition 4

Mark Abell
  • Editor:
  • Mark Abell
  • Bird & Bird LLP

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Despite the slow emergence of a few economic bright spots, the economy of what was once called the ‘developed’ world continues to struggle for the most part, while even Brazil (despite the recent Olympics) is still wallowing in recession. As a consequence, businesses are often presented with little choice but to look to more vibrant markets in Asia, the Middle East and Africa for their future growth.

The key word would seem to be uncertainty.

…franchising, in its various forms, continues to present businesses with one way of achieving profitable and successful international growth without the need for either substantial capital investment or a broad managerial infrastructure. In sectors as diverse as food and beverages, retail, hospitality, education, healthcare and financial services, it continues to be a popular catalyst for international commerce and makes a strong and effective contribution to world trade. We are even seeing governments turning to it as an effective strategy in the future development of the welfare state, as social franchising continues to gain traction as a means of achieving key social objectives.

As will be apparent from the chapters of this book, there continues to be no homogeneous approach to the regulation of franchising around the world. Some countries specifically regulate particular aspects of the franchising relationship. Of these, a number try to ensure an appropriate level of pre-contractual hygiene, while others focus instead on imposing mandatory terms upon the franchise relationship. Some do both. In certain countries, there is a requirement to register certain documents in a public register. Others restrict the manner in which third parties can be involved in helping franchisors meet potential franchisees.

About the Editor

Mark Abell is global head of Bird & Bird’s franchising, licensing and multichannel strategies team. He is based in London.

Over the past 34 years he has constantly advised a wide range of household names, particularly in the retail, food and beverage, education and healthcare sectors, on the development and implementation of their international expansion strategies and the corresponding re-engineering of their businesses.

Having written his doctoral thesis on ‘The Law and Regulation of Franchising in the EU’, Mr Abell has acted as an expert to the WIPO and WTO on franchising and is co-editor of the world’s leading legal periodical in his field of practice, the International Journal of Franchising Law.

Mr Abell is a member of the IBA Franchise Committee and the ABA Franchise Forum. He is a frequent speaker at both legal and commercial conferences around the world on franchising and multichannel strategies.

Mr Abell has published more than 500 articles in a wide variety of publications and journals. He is also the author of nine books, including European Franchising: Law and Practice in the European Community, The International Franchise Option, The Franchise Option: A Legal Guide, Franchising in India, Alternative Corporate Re-engineering and The Law and Regulation of Franchising in the EU. He is the co-author of the WIPO publication on franchising and currently edits the LexisNexis Encyclopaedia of Forms and Precedents volume on franchising, distribution and agency, a standard text of the UK legal profession.

Mark is currently advising the Committee on Internal Market and Consumer Protection of the EU Parliament on potential new franchise legislation, and is the author of its recent report ‘Legal Perspective of the Regulatory Framework for Franchising in the EU’.

Acknowledgements

The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book:

What is Franchising?

  • Mark Abell
  • Bird & Bird LLP

Franchising as Part of an International Multichannel Strategy

  • Mark Abell
  • Bird & Bird LLP

The Regulation of Franchising Around The World

  • Mark Abell
  • Bird & Bird LLP

Commercial Planning

  • Sarah Charles
  • Sarah Charles Practical Strategy

Sustaining Relationships

  • Steven Frost and Mark Abell
  • Smith & Henderson

Intellectual Property

  • Elizabeth Upton
  • Bird & Bird LLP

Data Protection

  • Ms Ruth Boardman, Mr Francis Aldhouse and Ms Elizabeth Upton
  • Bird & Bird LLP

Tax Considerations

  • Mr Mathew Oliver
  • Bird & Bird LLP

Trade Secrets and Franchising

  • Mark Abell and Warren Wayne
  • Bird & Bird LLP

Resolving International Franchise Disputes

  • Victoria Hobbs
  • Bird & Bird LLP

E-Commerce and Franchising

  • Ben Hughes
  • Bird & Bird LLP

The Competition Law of the European Union

  • Mark Abell
  • Bird & Bird LLP

Editor's Global Overview

  • Mark Abell
  • Bird & Bird LLP

African Overview

  • Nick Green
  • Bird & Bird LLP

GCC Overview

  • Melissa Murray
  • Bird & Bird LLP

Australia

  • Philip Colman
  • MST Lawyers

Austria

  • Eckhard Flohr
  • LADM Liesegang Aymans Decker Mittelstaedt & Partner

Barbados

  • Giles A M Carmichael
  • Chancery Chambers

Belgium

  • Olivier Clevenbergh, Jean-Pierre Fierens, Siegfried Omanukwue, Marie Keup and Eric‑Gérald Lang
  • Strelia

Canada

  • John L Rogers, Richard Weiland, Kwan T Loh, Brendan Morley and Stephanie Mui
  • Clark Wilson LLP

Chile

  • Cristobal Porzio
  • Porzio, Rios & Asociados

China

  • Sven-Michael Werner
  • Bird & Bird LLP

Czech Republic

  • Vojtěch Chloupek
  • Bird & Bird s.r.o. advokátní kancelář

Denmark

  • Jacob Ørskov Rasmussen
  • Plesner

France

  • Raphaël Mellerio
  • Aramis

Germany

  • Stefan Münch, Alexander Duisberg, Markus Körner and Michael Gassner
  • Bird & Bird LLP

Greece

  • Nancy G Gerakini
  • Prentoulis Lawyers & Consultants

Hong Kong

  • Michelle Chan
  • Bird & Bird LLP

Hungary

  • Péter Rippel-Szabó and Bettina Kövecses
  • Knight Bird & Bird Iroda

India

  • Nipun Gupta and Divya Sharma
  • Bird & Bird LLP

Iran

  • Shelley Nadler and Farid Kani
  • Bird & Bird LLP, Atieh Associates Law Firm

Italy

  • Claudia Ricciardi
  • Bird & Bird LLP

Japan

  • Yoshihiko Fuchibe and Kentaro Tanaka
  • TMI Associates

Kyrgyzstan

  • Nick Green and Saule Akhmetova
  • Bird & Bird LLP, GRATA law firm LLP

Korea

  • Kenneth T Kim, Jason Sangoh Jeon and Jin Woo Hwang
  • Yoon & Yang LLC

Malaysia

  • Lee Lin Li and Chong Kah Yee
  • Tay & Partners

Mexico

  • Silverio Sandate
  • Von Wobeser y Sierra, SC

Netherlands

  • Martine de Koning
  • Kennedy Van der Laan

New Zealand

  • Stewart Germann
  • Stewart Germann Law Office

Nigeria

  • Ngozi Aderibigbe, Chinweizu Ogban and Taiwo Oluleye
  • Jackson, Etti & Edu

Poland

  • Kuba Ruiz
  • Bird & Bird LLP

Portugal

  • Magda Fernandes, José Maria Montenegro, Vasco Stilwell d’Andrade and Filipa Correia da Silva
  • Morais Leitão, Galvão Teles, Soares da Silva & Associados

Russia

  • Sergey Medvedev
  • Gorodissky & Partners

Saudi Arabia

  • Melissa Murray
  • Bird & Bird LLP

Singapore

  • Lorraine Anne Tay and Just Wang
  • Bird & Bird LLP

Sweden

  • Elisabeth Vestin and Victoria Sörving
  • Hannes Snellman

Turkey

  • İlknur Pekşen
  • Ersoy Bilgehan Lawyers and Consultants

Ukraine

  • Volodymyr Yakubovskyy and Graeme Payne
  • Bird & Bird LLP

United Kingdom

  • Graeme Payne
  • Bird & Bird LLP

USA

  • Richard L Rosen, Leonard Salis, John Karol, Michelle Murray-Bertrand and Avi Strauss
  • The Richard L. Rosen Law Firm PLLC

Dispute Resolution Appendix

  • Beatriz Díaz de Escauriaza
  • Bird & Bird LLP

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