Co-Chair
Martine De Koning
Co-Chair
Kendal Tyre
International Franchising Committee
The International Franchising Committee's interests include competition law principles; cross-border sales and licensing issues; the business forms employed; and trademark and intellectual property protections required to assure franchising success.
About the Committee
The International Franchising Committee focuses on the law and business of international franchising. Committee interests include:
- competition law principles;
- cross-border sales and licensing issues;
- the business forms employed; and
- trademark and intellectual property protections required to assure franchising success.
The Committee has served and continues to play an educational role for the legal profession, judiciary and legislators, and enables members to examine and comment upon legislative and regulatory proposals affecting international franchising. Through the committee's regular newsletter, International Franchising Committee members are kept up to date on legal developments, seminars and publications of interest around the world.
Publications
Italy: franchising contracts and minimum duration of three years
The Italian Supreme Court has finally confirmed an important principle, previously expressed by some lower courts, which remedies a probable mistake made when approving Law 129/2004. Article 3.3 of Law 129/2004 provides that franchise contracts must have a minimum duration of three years in order to allow the franchisee to amortise the investment made; however, this provision only refers to the case of a contract concluded for a fixed term.
Released on Jul 09, 2024
A contract to enter into a future contract of franchising does not fall under the notion of ‘provision of services’ provided by Regulation Brussels I bis
With judgment of 14 September 2023 in EXTÉRIA sro v Spravime sro, the European Court of Justice (ECJ) decided on the interpretation of Article 7(1) of Regulation (EU) 1215/2012 (‘Regulation Brussels I bis’), in the context of a contract to enter into a future contract of franchising.
Released on Feb 14, 2024
Franchising in Denmark—Selected Topics
Franchising, as a business model and business expansion concept, has grown significantly in Den-mark over the recent decades as a result of foreign franchise systems being established in Denmark as well as Danish companies expanding globally via the use of the franchise model. The franchise model is therefore now a commonly used business model in Denmark.
Released on Dec 07, 2023
Franchising in Brazil
Since the Covid-19 pandemic, Brazilian contractual law has evolved considerably, by removing certain legal formalities and regulations that no longer have a place in a virtual and globalised world. Franchising legislation has undergone a similar evolution.
Released on Sep 03, 2023
Projects, Reports and Resolutions
Ukraine: Franchising in a Time of War from International Bar Association on Vimeo.
At the 2022 IFA/IBA Joint Conference, Kendal Tyre, partner at Nixon Peabody and Vice Chair of the IBA International Franchising Committee, Volodymyr Yakubokskyy, a partner at Nobles, discussed the impact of the Russian invasion in Ukraine on franchise operations in that country. Volodymyr shared his thoughts on how his practice of law has changed and the long-term consequences of the war on business and franchising in Ukraine.
Join us on LinkedIn
If you are a member of the International Franchising Committee, for additional networking opportunities, programs, interviews with fellow members and tips all exclusive to members, join our LinkedIn page at: https://www.linkedin.com/groups/14289873/.