When someone refers to an Intellectual Property Agreement, they are referring to an agreement or clause that deals with the creation, use and protection of intellectual property.
There isn't one type of Intellectual Property Agreement. The term "Intellectual Property Agreement" can be a reference to a number of different types of agreements.
What Is Intellectual Property?
The Franchising Code of Conduct (the Franchising Code) provides that certain documents must be given to a franchisee before they enter into a franchise agreement.
In today’s business world, the exchange of sensitive information is a common and often necessary practice. Whether it’s during negotiations for the purchase of a franchise business, the entry into a franchise agreement, or the hiring of a new employee, ensuring that this information remains protected is crucial. One of the most effective tools for safeguarding such information is a confidentiality agreement or the inclusion of a confidentiality clause in an agreement.
What is A Franchise Agreement?
Traditionally, franchise agreements were not negotiable. However, in our experience, franchisors have become more willing to negotiate terms and obligations contained in a franchise agreement. This trend is likely to be further influenced by the Unfair Contracts Regime which applies to small business standard form contracts. A franchisor who is open to negotiating key terms in a franchise agreement, may be less likely to have the franchise agreement considered a standard form contract.
The franchising sector in Australia has approximately 1,144 franchise systems and approximately 70,735 franchisees.1
One of the questions I'm asked, when talking to people about franchising their business, is, "what are the legal requirements?".
What I tell them, is that, unfortunately, franchising is legally complex and highly regulated.
I also talk about the many legal requirements that need to be complied with in order to successfully franchise your business. I discuss these requirements in more detail in the article below.
Guide to Franchising Your Business
The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 ("the Act") came into effect on 9 November 2022.
Franchising can be a great way for business owners to rapidly grow their products or services with relatively low costs. However, building a successful franchise takes careful planning and long-term commitment.
The Franchising Code of Conduct (the Franchising Code) sets out the obligations (including annual obligations) relating to advertising and marketing funds operated by a franchisor.
The Federal Government has released a discussion paper seeking stakeholder views to help the Government assess the practical benefits of a standalone automotive franchising code and options for mandatory binding arbitration.
So you've started your business, registered a business name and secured your website domain.
Have you protected your brand or business name?
Registration of a business name, or the purchase of a domain name, does not stop other people from using that name. To protect your business name and any logo or representation that you are using, you need to register a trade mark.
A key aspect of the Amendment (Closing Loopholes) Act 2023 is the criminalisation of ‘wage theft’....
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