International Franchising

International Franchising is a common method of expanding and growing a business globally.  In return for a management fee a franchisor will grant a licence, distribution agreement or agency arrangement to an overseas franchisee. The franchisor in turn, will provide a commercial support package to help them operate that business, normally consisting of permission to use the franchise brand, processes, training and support.

“Business format franchising is the granting of a license by one person (the franchisor) to another (the franchisee), which entitles the franchisee to trade as their own business under the brand of the franchisor, following a proven business model. The franchisee is provided with the rights and necessary support to run the business in the correct way, while adhering to the agreed rights and obligations”. – British Franchise Association

Franchising is a complex area of law and, aside from ensuring that a business is franchisable and ready to franchise, choosing the right franchise lawyer is a key strategic decision. The franchise agreement and its processes involves different areas of law to be considered holistically, such as:

• Contract and Commercial Law
• Consumer Regulations
• Competition Law
• Trademark and Intellectual Property law
• Data Protection law
• Tax and Accounting Expertise

The legal documentation, and ongoing legal advice, are fundamental building blocks of any franchise network. The right specialist advice can maximise the chances for long-term success and minimise the risks of incurring big expenses and liabilities down the road.

Our franchising experts can assist both franchisors and franchisees in establishing and optimising franchise operations internationally including:

• Franchise operation structure
• Intellectual property usage and protection
• Compliance and the necessary registrations
• International entry strategy
• Franchise documentation
• Legal and tax implications for both franchisor and franchisee