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Franchising in India

Franchising in India

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Description
Franchise rightly claims to be the wave of future business in India. The phenomenon of franchise developed at the end of Second World War and the system has taken roots in the USA where 50% of all retail sales are through franchise outlets. India has begun to see the growth of both domestic Indian franchises and international ones balancing the philosophy of the free market with the philosophy of Swadeshi products.
Franchising encourages spirit of entrepreneurship, its essence being an agreement between two independent undertakings, one the franchisor and the other the franchisee, the consideration being payment of some fee or royalty to the franchisor against the rights granted to the franchisee to market the former's goods and services with their brand names using the franchisor's trade marks and business methodology for which the franchisor would also provide the know-how and technology.
Naturally, the system has its advantages and disadvantages, risks and gains, legal implications, national and international. Mark Abell, a high-profile authority on the subject and having world-wide experience in its working, has in this present work, in association with Lisa Sen, while making an indepth study with special reference to the current social and business ambience in India and her liberalised economic policy, deals with different facets of franchising including its basic commercial rationale and the legal issues covering competitive and other laws, the resolution of disputes, termination and regulation of franchising in India.
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Contents
Section 1 - Introduction
    1.    What is Franchising?
    2.    How is Franchising relevant to India?
    3.    How can Franchise be developed?
    4.    Valuing a Franchise
    5.    Permissions required by Franchisors seeking to do business in India
Section 2 - Basic Legal Issues
    1.    Competition Law
    2.    Intellectual Property Laws in India
    3.    Consumer Protection Laws in India
    4.    Labour Laws in relation to Franchising
    5. Insolvency Laws
Section 3 - Franchise Documentation
    1.    The Manual
    2.    The Franchise Agreement - The Grant
    3.    The Franchise Agreement - Development Schedule
    4.    The Franchise Agreement - General obligations of both parties
    5.    The Franchise Agreement - Confidentiality and Non-Competition Restrictions
    6.    The Franchise Agreement - Sale of Master Franchisee’s/ Developer’s rights
    7.    Miscellaneous Considerations
Section 4 - Taxation
Section 5 - Dispute Resolution
    1.    Franchise Disputes
    2.    Forms of Resolution
    3.    Choice of Forum and Choice of Law Clauses
Section 6 - Termination of Franchises
Section 7 - Regulation of Franchising in India
Section 8 - Franchising Precedents
Index
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Author Details
Mark Abell
- The UK's leading franchise lawyer, Mark Abell is well known throughout the world for his innovative approach to the use and structuring of franchising as a tool for strategic corporate development. Mark Abell heads a team of 16 lawyers dealing with franchising and licensing throughout the world. He acts for over 350 franchisors and master franchisees. He has advised several corporations on franchising their businesses into India. He is an expert adviser to the United Nations W1PO on franchising. A prolific writer, he has authored four books on this subject and he is a member of the Editorial Boards of several leading journals on franchising and intellectual property and has written over a thousand articles on franchising.
Lisa Sen - With a Master's Degree in politics from New York University, Barrister Ms. Lisa Sen, an Indian Advocate, is at present a leading consultant with Zaiwalla & Co., a Solicitor's firm on Chancery Lane, London where she is heading up their India Unit. She is also a member of the Organising Committee of India International Law Foundation which organises seminars on several legal areas, specially franchising in order to promote franchising as a way to do business in India.
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