Legal / Law Training Course on Franchise / Licensing Disputes

Module 1: Introduction to Franchise and Licensing Law
Overview:
Provides foundational knowledge of franchise and licensing frameworks and typical contractual structures.
Subtopics:
Overview of franchise and licensing agreements
Legal frameworks governing franchises and licensing in domestic and international contexts
Key rights and obligations of franchisors and franchisees
Regulatory considerations and compliance requirements
Emerging trends in franchising and licensing
Practical Focus:
Case study: Analyze a standard franchise agreement to identify critical legal provisions.

Module 2: Common Causes of Franchise and Licensing Disputes
Overview:
Identifies typical conflict areas and contractual breaches.
Subtopics:
Non-payment or late payment of royalties and fees
Breach of brand standards and quality control obligations
Territory and exclusivity disputes
Intellectual property infringement and misuse
Termination and renewal disagreements
Cross-border disputes in international franchising
Practical Focus:
Exercise: Identify potential dispute points in a sample licensing or franchise agreement.

Module 3: Drafting Dispute-Preventive Clauses
Overview:
Focuses on contractual drafting to minimize potential conflicts.
Subtopics:
Dispute resolution clauses: negotiation, mediation, arbitration, and litigation
Governing law and jurisdiction selection
Clauses on termination, renewal, and exclusivity
IP protection clauses in franchise/licensing agreements
Risk allocation and indemnity clauses
Practical Focus:
Workshop: Draft key preventive clauses for a franchise or licensing agreement.

Module 4: Dispute Resolution Mechanisms
Overview:
Covers strategies for resolving disputes efficiently and cost-effectively.
Subtopics:
Negotiation and mediation strategies
Arbitration and arbitration clause drafting
Litigation and enforcement considerations
Handling cross-border disputes and multi-jurisdictional conflicts
Remedies and enforcement of awards or judgments
Practical Focus:
Simulation: Conduct a negotiation and mediation session for a franchise dispute.

Module 5: Emerging Issues and Best Practices
Overview:
Examines trends, challenges, and strategies for effective dispute management.
Subtopics:
Digital franchising and online licensing challenges
Managing disputes in multi-unit and international franchises
Ethical and compliance considerations
Lessons from landmark franchise and licensing dispute cases
Best practices for ongoing monitoring and dispute prevention
Practical Focus:
Group exercise: Develop a comprehensive dispute prevention and resolution strategy for a hypothetical franchise network