Franchising Global Guide, published by Practical Law Company, provides an overview of franchising law and regulations in 17 jurisdictions around the world. The Thailand chapter of the guide, written by Alan Adcock, a partner and deputy director of the intellectual property and regulatory affairs group at Tilleke & Gibbins, covers the following subjects in detail:
- Market overview: Developments including the establishment of the ASEAN Economic Community, local franchising, and international franchising.
- Regulations: Draft Franchise Business Act and other related laws including the Unfair Contract Terms Act and Consumer Protection Act
- Franchise agreements: Pre-contract disclosure requirements, formalities, parties’ rights and obligations, fees and payments, termination, and choice of law and jurisdiction.
- Liability: Franchisee’s remedies against franchisors for deceptive or fraudulent selling practices and bringing third-party claims against franchisors.
- Intellectual property: Typical provisions, trademark license agreements, foreign licensors and licensees, and Thai licensees.
- Real estate: Obtaining consent from landlords and post-agreement occupation.
- Competition: Trade Competition Act including price fixing, exclusive suppliers and product lines, and geographic exclusivity; exemptions; and online/e-commerce restrictions.
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