"The franchise agreement is the document that establishes the franchise relationship. This business relationship is characterized by a franchisor granting a franchisee a temporary or time- limited right to use the franchisor's system and trademarks to conduct business. Because there is no 'one size fits all' template for drafting a franchise agreement, this must-have resource provides proven guidance on the core issues covered by a well-drafted agreement and how to carefully analyze the many considerations involved."--
"The franchise agreement is the document that establishes the franchise relationship. This business relationship is characterized by a franchisor granting a franchisee a temporary or time- limited right to use the franchisor's system and trademarks to conduct business. Because there is no 'one size fits all' template for drafting a franchise agreement, this must-have resource provides proven guidance on the core issues covered by a well-drafted agreement and how to carefully analyze the many considerations involved."--
Franchise Desk Book is your primary reference to the text of generally applicable franchise registration, disclosure and relationship statutes and accompanying regulations. You'll benefit from the expert commentary on franchise statutes and cases that provide you with a look behind the scenes with respect to the covered state's laws. In addition, this manual includes annotations of reported and unreported cases that are arranged and keyed to topics that franchise lawyers need and can understand, such as franchise fees, exemptions from registration and more. The unique annotation system that is designed specially for franchise lawyers will allow you to put your finger on cases that focus upon the issues that matter most.
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.
"Offering practical guidance to non-IP specialists who encounter these issues in their legal practice, this book provides specific and useful information on areas where business interests intersect with intellectual property issues, including trademarks, copyrights, patents, trade secrets, domain names, technology, and more."--
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.
