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The modern high street is now full of franchises – from the coffee we drink to the cars we hire and from dry cleaning to supermarkets. Franchising is little more than a contract between a franchisee and a franchisor.
The contract can be complex, at its core is the granting of a licence to use the franchisor’s intellectual property. Additionally, the franchising relationship is increasingly regulated – from the initial offer of the franchise to the franchisee, to the competition issues that might arise where a franchise becomes dominant in a particular market.
In Franchising law you will study how and why the rules governing franchise agreements work. The course primarily looks at the law of England and Wales, the United Kingdom and the European Union, although it also looks to laws in other countries as these might be relevant when franchises expand.
Module A: The business of franchising
LWM16A
- A history of franchising
- Types of franchising
- The franchise model
- Lack of research literature
- How a franchise is established
- Becoming a franchisee.
Module B: Intellectual property and franchising
LWM16B
- Trade marks and franchising: Part I
- Trade marks and franchising: Part II
- Breach of confidence
- Passing off
- Copyright.
Module C: The franchising contract
LWM16C
- Regulations of franchising through contract
- Structure of the franchising contract
- The grant
- Brand maintenance
- The ‘method’ of the franchise
- Law of competition.
Module D: The regulation of franchising
LWM16D
- What is a franchise?
- The purpose of regulation
- Registration requirements
- Disclosure requirements and cooling off
- Regulation of franchising contracts
- Franchise fraud: pyramid selling
- Renewal and exit rules.
Assessment
Each module is assessed by a 45-minute unseen written exam.
Sequence
Students are required to attempt Module A first.