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Franchising & Licensing

Franchising

Our franchising expertise covers every step of the process in establishing a successful franchise. We can guide you through your rights and requirements under franchising laws and assist you to establish a strong franchisor-franchisee relationship.

The franchising industry underwent a significant overhaul when the Franchising Code came into effect in January 2015. The Code introduced new obligations on parties to a franchise, while tightening franchisors’ disclosure obligations.

Engaging in franchising relationships also requires consideration of a wide range of other issues including in relation to:

  • competition and consumer law, including anti-competitive behaviour;
  • intellectual property law, including the protection of your brand;
  • commercial law, including supply agreements and shareholder and partnership agreements;
  • corporate law and corporate structuring of your business;
  • franchising disputes; and
  • other issues, such as privacy and marketing.

Franchisees and franchisors of new and established franchises rely on us for guidance with respect to conducting due diligence, drafting and reviewing franchise documents, sales and purchases of businesses, drafting commercial and retail leases and sub-leases and employment contracts, complying with consumer laws, and working alongside expert accountants to ensure the business will be robust.

We can also ensure that your vital intellectual property, including your brand, is protected.

Our Services

mdp offers a comprehensive and integrated suite of franchising services including:

  • Franchise Agreements and Disclosure Documents
  • Commercial leases and sub-leases
  • Intellectual property protection and enforcement
  • Due diligence
  • Business sales and purchases
  • Employment contracts
  • Corporate structuring and restructuring
  • ACCC applications and approvals
  • Breach of contract

Licensing

We have comprehensive knowledge of intellectual property commercialisation.

Intellectual property licensing can be the most cost effective way of obtaining the most value from your intellectual property, because you retain control over these assets, with an ongoing income stream.

Conversely, licensing also gives rise to particular risks that need to be managed.

Whether you have existing intellectual property or an idea or innovation on which you would like to capitalise, we can advise you in relation to the best commercialisation alternative for your business.

We also negotiate and draft licence agreements to ensure that you are placed in the most commercially advantageous position.

Our Services

mdp offers a comprehensive and integrated suite of licensing services including::

  • Negotiating and drafting complex licensing  and transfer agreements, including:
    • Research and development agreements
    • Software licences
    • Distribution agreements
    • Franchise arrangements
    • Confidentiality agreements
    • Consultancy and employment agreements
  • Licensing scope and duration
  • Capturing the rights being granted
  • Performance requirements
  • Royalties
  • Breach of contract
  • Due diligence and intellectual property audits
  • Transactional advice

News & Insights

Testimonials