Legal

Many owners and operators have long realized that employees are one of the major assets in their multi-unit or multi-brand franchise business. Franchise operations usually have quite a bit invested in hiring and training its workers. A smart owner or operator knows that improving a business asset can reap rewards far exceeding the cost of any improvements made. Similarly, the value of people to your organization improves with investments in additional training and education.

During the last few years, franchising has experienced an impressive growth in Spain, from 634 franchise systems in 2002 to almost 900 in January 2006, with over 54,000 franchised outlets now open. Accordingly, having access to accurate and relevant information regarding franchisors is very important for a growing number of prospective franchisees, consumers and future franchisors.

I have written often on the subject of the complexity of franchise agreements, and the clear trend over the past four decades to make them even longer and more complex. Why has this trend developed?

Last year, while many Canadians and Americans alike were considering a summer vacation to experience all that Canada's Atlantic Coast has to offer, legislators in Prince Edward Island and New Brunswick, two of Canada's maritime provinces, were setting their minds to franchising.

On January 25, 2006, an amendment ("Amendment") to the Mexican Industrial Property Law ("IPL") was published in the Federal Official Gazette. The Amendment was published after a long discussion initiated by Congress in early 2005, and became effective on January 26, 2006. The Amendment's final provisions were the result of a very effective lobbying campaign by major players in the franchising sector and, fortunately for the industry, Congress eliminated many of the overly restrictive aspects of the initial bill that could have unnecessarily hampered the industry. In the end, Congress' objective of providing more protection to franchisees was well balanced with the legitimate rights of franchisors. For example, certain ultra-protectionist provisions for franchisees originally contained in the bill, such as certain rights of first refusal in franchisees' favor and the right to request cancellation of registration of franchisor's trademarks in certain cases, were not incorporated into the Amendment.

Belgium's new franchise law (the "Law"), which was the subject of several legislative delays during 2005, has now been formally adopted. Originally, the Law was set to go into effect as of September 1, 2005; however, on January 23, 2006, a Decree published in the Belgian Official Gazette notified the public that the Law had been amended to establish an initial effective date of February 1, 2006.

State regulators across the country are out to blur the distinction between franchisors and employers. If they succeed, they could crimp the growth of one of the franchise industry's hottest segments: franchise providers of janitorial, security guard, industrial gardening, delivery, and other services to commercial clients.

Belgium's new franchise law, which was the subject of several legislative delays during 2005, has now been formally adopted. Originally, the law was set to go into effect as of September 1, 2005; however, on January 23, 2006, a decree published in the Belgian Official Gazette notified the public that the law had been amended to establish an initial effective date of February 1, 2006.

State regulators across the country are out to blur the distinction between franchisors and employers. If they succeed, they could crimp the growth of one of the franchise industry's hottest segments: franchise providers of janitorial, security guard, industrial gardening, delivery, and other services to commercial clients.

State regulators across the country are out to blur the distinction between franchisors and employers. If they succeed, they could crimp the growth of one of the franchise industry's hottest segments: franchise providers of janitorial, security...

I must be becoming a curmudgeon. In recent Viewpoint columns, I have taken potshots at the FTC and my fellow franchise lawyers. So far, the state franchise regulators have for some reason been below my radar screen. Why? Over the course of my...

I must be becoming a curmudgeon. In recent Viewpoint columns, I have taken potshots at the FTC and my fellow franchise lawyers. So far, the state franchise regulators have for some reason been below my radar screen. Why?

Belgium's proposed franchise law (the "Proposed Law") seemed to be headed for final adoption on October 18, 2005; however, the Belgian Senate had other ideas. The Senate took up the bill for reconsideration prior to the October 18th deadline, so the bill is now back in a state of limbo while the Senate debates whether to make changes to the draft that was approved by the Belgian Chamber of Representatives on July 7, 2005. The Belgian Senate has 60 days to decide whether revisions need to be made to the Proposed Law. If the Senate revises the Proposed Law then the bill will be sent back to the Belgian Chamber of Representatives for further consideration.

The franchising industry in Vietnam has been gradually developing over the past few years with the products and services of a number of well-known local and foreign brand names achieving higher market profile. However, this development has taken place in the absence of any regulations directly governing franchising activities. The current franchising industry in Vietnam has relied on regulations on related issues, such as those to do with licensing of intellectual property rights and technology transfer coupled with general contractual obligations.

The Mexican Congress is reviewing a bill ("Bill") intended to amend the Mexican Industrial Property Law ("IPL") to regulate franchise agreements and to add new disclosure procedures. It is still uncertain whether the Congress will approve the Bill. Currently, the IPL franchise regulations are very limited, and do not regulate the content of franchise agreements. The Bill adopts a very different approach in order to protect franchisees from perceived franchisor abuses.

If adopted, the recently published Unfair Contract Terms Bill ("UCTB") will significantly change the way franchise agreements are viewed by English courts and could create headaches for franchisors with franchises in the United Kingdom ("UK"). The UCTB was published by the Law Commission in draft form earlier this year. The bill will not become effective unless it is formally adopted, but the draft reflects the views of the current government so it is likely that the bill will be adopted sometime in 2006.

Ninety days after the effectiveness of China's new franchise regulations, foreign franchisors and their lawyers are trying to sort out whether they can comply with the law, and if so, how. The Measures for the Administration of Commercial Franchising ("Measures") were adopted as a part of China's commitment to the World Trade Organization to open the Chinese economy to foreign investment. Although rumors about the forthcoming regulations had been emanating from Beijing for nearly two years, in late November the world was given 12 days to comment on draft Measures which would apply to "Foreign Invested Enterprise" ("FIE") franchisors. By the end of December, the Ministry of Commerce ("MOC") had promulgated revised franchise regulations which apply to both domestic and foreign invested enterprises, but which failed to address whether foreign companies may franchise directly into China.

Despite attempts by the FTC to encourage franchisors to use earnings claims-most notably in the 1995 change to the Rule, which made claims easier to make and defend-most franchisors avoid them. According to a 2003 FRANdata study, only18-20% of all franchisors make earnings claims and that percentage has not increased substantially in the last five years.

After years-five to be exact-of waiting, it is here: the FTC staff's report regarding proposed changes to its Rule governing the sales of franchises.

Franchising's great strength has always been that it is adaptable. Combining two kinds of ownership, one general, the other close to the ground, has given these systems quick reflexes in an ever-changing economy.

Home of Merengue and a rich baseball tradition, the Dominican Republic covers 48,730 square kilometers, has a population of approximately 8.8 million people living on the island, and has more than one million nationals living in the United States.

The IMPI is an agency of the Federal government created in 1993 which has its own assets, personality and budget. IMPI has over a 1,000 employees in Mexico, most of them are concentrated in our headquarters in Mexico City, but we also have regional offices in Guadalajara, Mérida, Monterrey and León. In terms of our human resources, around 63% of our employees have a bachelor degree, 25% have technical education, and 2% masters or PHD degrees which allows us to provide high-quality services to users.

When a franchisor terminates a defaulting franchisee, the franchisor can sue for past due royalties and prevail, if there are no legitimate defenses by the franchisee. Can the franchisor also recover lost future royalties resulting from the early termination of the franchise relationship? Ten years ago, the answer was probably yes. Today, the answer is much less certain.

The draft Franchise Regulations ("Draft Regulations") anticipated to replace the 1997 Measures concerning administrative of commercial franchising (the "1997 version") were expected to be out by end of this year. However, reliable sources at the China Chain Store Franchise Association reveal that the draft is pending further amendment at the Ministry of Commerce. To-date, no one knows when the new law will be promulgated.

Rich Kissane's son was a good athlete, but "kind of clumsy," says the 25-year franchising veteran. The family was living near Atlanta, and friends told him about Velocity Sports Performance, a small company that offered the same kind of sports training that large professional sports organizations provided their players. Kissane enrolled his son, and "The next year, he was defensive player of the year for his football team."