Women in Franchising: Why It Works?
By: Geetha Kandiah & Shevithra Selva Mohan In today’s ever evolving business world, franchising has become a powerful avenue for people looking to achieve business success with a structured framework. Over the years, many women have embraced franchising as their go-to business model, leaving a mark on the industry and inspiring countless others. This article […]
Franchise or Licence Agreement a Dilemma?
By Shevithra Selva Mohan Introduction In the realm of business agreement, the fine line between a Franchise Agreement and Licence Agreement often demands a discerning eye. The case of Janet Ooi Hui Ming v STC Management Sdn Bhd & Anor [2020] stands as a compelling example, showcasing the complexity inherent in discerning whether an agreement […]
Are Franchise Agreements Really Important?
By Jayvier Lee A comprehensive franchise agreement, drafted by an expert franchise lawyer, is essential for protecting both the franchisor and the franchisee. This agreement sets the foundation for a successful and collaborative franchise journey. Why a Strong Legal Foundation is Crucial A strong legal foundation is one of the key factors behind any successful […]
Franchise Registration Compliance in Malaysia: Avoid Legal Pitfalls
By Yeshanthan Nair Introduction: In the dynamic world of Franchise Industry, where opportunity meets ambition, it’s easy to get caught up in the exciting prospect of franchising your business. Yet, there’s a crucial legal requirement in Malaysia that often escapes the attention of many business owners. It’s the law stipulated under S.6 Franchise Act 1998 […]
Franchise Dispute: Dr. Premananthan v Permai Polyclinics
By Yeshanthan Nair Introduction The case of Dr. Premananthan a/l Vasuthevan v Permai Polyclinics Sdn Bhd revolves around the issue on unlawful termination of a management agreement entered between the Plaintiff, a medical doctor operating a private clinic, and the Defendant, a company providing management services to medical practices. However, the Plaintiff raised an argument […]
Franchise Violation Case: SP Multitech v Home Sdn Bhd
By Shevithra Selva Mohan In the franchise industry, one misstep can lead to big trouble, especially when it comes to breaching the franchise. For example, the case of SP MULTITECH INTELLIGENT HOMES SDN BHD v HOME SDN BHD, which involve an unlawful Franchise Agreement. When court ruled that failing to register a business as a […]
Unlawful Termination of Franchise Agreement: A Case Study & Legal Insights
By Shevithra Selva Mohan Introduction Unjustly ending a franchise agreement is a complex issue, often stirring up a whirlwind of accusations. This can include claims that the franchisor violated the terms of the agreement, infringed on the rights of the franchisee, and even suspicions of the franchisor acting in bad faith or with shady intentions. […]
[AsiaWide Franchise] The Importance of Distinctiveness in Trademarks
Have You Re-registered Your Franchise In Malaysia?
Did you know that Malaysia’s Franchise (Amendment) Act 2020 came into force on 28 April 2022? The Amendment Act introduced several changes to the franchise laws which include more rigorous requirements and penalties governing franchise registration in Malaysia. Let’s take a look at the notable changes under the Amendment Act and what this means for […]
IP in Franchising: Staying on Top in the Vietnam Franchise Race
By Ngan Pham Hundreds of domestic and foreign franchises have penetrated the Vietnam market, especially in the food & beverage, retail, and education industries, with famous brands such as KFC, Trung Nguyen Coffee, Highlands Coffee, Family Mart and Circle K establishing a strong presence. A favourable business model post-pandemic, franchising is flourishing these days.