You can also go to a local franchise association as a reference. These associations can easily provide you with a list of business franchisors. La Philippine Franchising Association and Association of the Filipino Franchisers Inc. You can also access your website and view your membership list. The directory contains a list of its members open to franchising and their contacts. In the Philippines, there is no need to enter into a franchising agreement. A technology transfer arrangement should not be registered with the Intellectual Property Office if it complies with the mandatory provisions and does not contain any of the prohibited clauses. On the other hand, some countries require that the franchise contract be registered and often updated each year. As noted above, in Vietnam, advertising materials for franchises must be presented to potential franchisees at least 15 days prior to the date of the franchise agreement. In Malaysia, both the franchise agreement and the pre-contract disclosure (as explained below) must take place at least 10 days prior to the execution of the franchise agreement.
When a local franchisee represents the foreign franchisor, the local franchisee is responsible for providing information materials to the under-franchised, including its business relationship with the foreign franchisor. Similarly, in Indonesia, documents for the publication of franchise documents must be provided at least 14 days prior to the implementation of the franchise agreement, although the information required for disclosure is generally less detailed than in Vietnam and Malaysia. Franchise agreements generally contain clauses that limit or prevent competition, including non-competitive agreements and restrictions on the sale of a franchisee`s business terms. However, these practices differ in the legal order. For example, the Philippine Intellectual Property Code prohibits non-competitive obligations and non-competitive obligations at the expiry of the ATT. Other countries may regulate competition through legislation, for example in Singapore.B, where competition law prohibits rules for promoting anti-competitive practices. Another example is Thailand, where the Trade Competition Act prohibits acts such as pricing and product fixing. If, after the request, both parties still agree with the agreement, they can then continue to sign a contract. This contract is called the franchise agreement (FA) and contains the terms of the franchise agreement, such as duration of effect, renewal, reasons for termination and other provisions. In addition to the documents mentioned above in the section on franchise registration laws and regulations, the following documents must be submitted by the franchisor for approval of the franchise register, without being translated into Malaysian: although the region is rapidly developing into a key market for multinationals, ASEAN is a diverse group of nations with different market conditions.4 For example, , the ten countries are highly distinguished in terms of population. , income level, innovation capacity, language and cultural attitude.
As a result, companies that have strengthened their presence in ASEAN countries have had to adapt their activities to national laws and practices. Nevertheless, many successes have been successful, with adequate legal protection and support. Since each country has its own laws, regulations and practices, companies should consider the legal framework and the potential problems or pitfalls associated with it in each nation before undertaking investments and partnerships in the region. Since Indonesia, Malaysia and Vietnam require potential franchisors to obtain authorization prior to the implementation of a franchise, the content of a franchise agreement must be in accordance with applicable requirements. In Indonesia, franchisors must declare their intellectual property beyond registered trademarks or patents – franchise agreements must indicate the name and nature of the law on all forms of intellectual property, inventions or unique business characteristics; z.B. a management system, a sales or notific procedure