Archer & Angel
K-4, South Extension, Part-II
New Delhi 110049
India
ph: (+91)-11-2626-1302
fax: (+91)-11-2626-1303
alt: (+91)-11-4164-1302
info
Franchising and Distribution
Archer & Angel’s franchising, distribution and retail team advises both domestic and international franchisors and retailers on a wide variety of legal issues affecting franchising arrangements, including structuring of franchise arrangements, preparation and negotiation of franchise agreements, advise on applicable Indian laws such as property laws, foreign investment and foreign technology regulations, intellectual property, exchange control, tax etc. Our team also advises on distribution and agency arrangements and all aspects of foreign investment in retail and trading, intellectual property, including protection of trade marks, brand names, copyright and designs, management of portfolios and enforcement mechanisms. Our attorneys are founding members of the International Franchise Lawyers Association (IFLA), a network of franchise specialists from across the globe. They have also authored various articles and reports on franchising in India, including the India chapter for ‘Getting the Deal Through –Franchise 2008’, published by Law Business Research Ltd, UK.
Some of our recent work includes:
- Advised one of the world’s leading computer hardware distributors on establishment of operations in India, due diligence on prospective partners, drafting of master distribution and sub-distribution agreements and structuring of payments.
- Advised a large UK based retailer on its potential retail operations in India, including foreign investment regulations, structuring of investments, employment laws, supplier contracts, competition laws relating to tie-in arrangements and non-life insurance regulations.
- Advised a leading US healthcare recruitment corporation in its franchise arrangements with Indian franchisees, including due diligence, preparation and negotiation of franchise agreements, advise on intellectual property laws and issues relating to repatriation of funds.
- Advised a Singaporean manufacturing healthy lifestyle products on laws applicable for setting up retail outlets in India and in drafting and negotiating franchise agreements for setting retail stores, including advise on applicable laws for repatriation of royalty, franchise fees and technical consultancy fees; real estate laws and intellectual property.
- Advised a large US multinational apparel corporation on licensing part of its manufacturing operations to India and advise on various options available for distribution of products in India, including on foreign investment regulations, structuring of payments to ensure maximum revenue to parent company and negotiation with potential partner in India.
- Acted for a franchisee operating a software training institute in negotiating a termination contract with one of India’s leading IT education companies, including issues relating to compensation, confidentiality, intellectual property and non-competition.
- Advised a large worldwide service residence operator (with headquarters in the US) in appointing a master franchisee in India including advise on protection and enforcement of intellectual property rights and corporate name as well as regulations regarding repatriation and taxation of franchise and consultation fees.
- Advised an East Asian management services corporation on structuring of its license arrangements within India, preparation of master license and sub-license agreements, structuring of payments from sub-licensees and master licensees to parent company, enforcement of intellectual property rights and exchange control regulations and procedures.
- Advised a leading Indian company on acquisition of a franchise system and subsequent disposal of part of the system, including due diligence, deal structure and related documentation.
- Advised one of India’s leading technical training institutions on various matters, including disputes with a competing organization relating to false advertising, competition law issues and marketing claims.
- Advised a leading language training franchisor with 20 centers all over India on restructuring of its operations including revamping of offering circular and franchise agreements.
- Represented an Indian Franchisee in negotiating a franchise agreement with one of the worlds’ leading restaurant franchisor having over 21,000 franchisees over 73 countries worldwide and advised on structuring of business and real estate matters.
- Advised a leading Indian IT corporation in its franchise arrangement with German franchisor, including arbitration prior to termination of the franchise arrangement, advise on damages payable under Indian law, governing law issues and enforceability of certain provisions in India.
- Advised a franchisor and franchisee in a dispute with students regarding granting of diplomas and negotiation of settlement through mediation.
- Advised an European corporation in structuring its franchise operations in India and on regulations affecting the repatriations of royalties and franchise fees from India and licensing of its intellectual property to franchisees.
- Advised an Indian distributor of consumer goods on a Master Distribution Agreement with its Taiwanese counterpart for distribution of its products in India, including appointment of channel partners for different territories within Northern India.
- Advised a Singapore based company, leader in auto inkjet refill system, on applicable laws for repatriation of royalty, franchise fees and technical consultancy fees, arbitration laws and protection of intellectual property.
- Advised one of the world’s largest tobacco companies on structuring of its distribution channels in India, including preparation and negotiation of agreements with distributors and advise on efficient tax structure.
Advised an US gymnasium and spa franchisor on expanding operations to India, including preparation and negotiation of Master Franchise Agreement and advise on repatriation of funds and real estate laws.
Advised one of the world’s most reputed entertainment companies on expansion into India, including negotiation of License Agreement for setting up unusual attractions and exhibits, protection of intellectual property, tax and real estate issues, corporate guarantees and obtaining Government approval for additional revenues sought.
© Copyright 2011 Archer & Angel
Archer & Angel
K-4, South Extension, Part-II
New Delhi 110049
India
ph: (+91)-11-2626-1302
fax: (+91)-11-2626-1303
alt: (+91)-11-4164-1302
info
