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What is Licensing and franchising law practice?
Licensing is an arrangement in which a company, called the licensor, sells the right to use intellectual property, or produce a company’s product to the licensee, for a negotiated fee, called ‘royalty’.
Licensing is very popular in sectors like pharmaceuticals, FMCG, electrical & electronics and consumer durables.
The Finance Act of 1999, mentions that a ‘franchise’ is an agreement that authorizes the ‘franchisee’ to sell or manufacture goods, use the business model, the brand name or a process, provide services or pursue businesses identified with the franchisor.
Most popular fast-food chains like KFC, McDonalds in India run on the franchising model. The franchisee has the advantage of entering into new markets with local players and can expand into several locations in parallel. The franchisor gets the advantage of leveraging an existing brand-name and get customers immediately.
While India does not have specific licensing or franchising laws, the licensing and franchising models in India are governed under various laws including contract law, competition law, consumer protection law, intellectual property, employment laws, tax laws, foreign exchange laws and other allied laws.
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In law firms with licensing and franchising advisory practice need to have expertise on the following legal frameworks:
- The Competition Act 2002
- The Consumer Protection Act 1986
- The Copyright Act 1957
- The Designs Act 2000
- The Easement Act 1882
- The Foreign Exchange Management Act 2000
- The Geographical Indication of Goods Act 1999
- The Indian Contract Act 1872
- The Patents Act 1970
- The Registration Act 1908
- The Sale of Goods Act 1930
- The Specific Relief Act 1963
- The Stamp Act 1899
- The Trade Marks Act 1999
- Labour Laws
- Taxation Laws
Best Law Firms for Licensing and franchising Practice Internship in 2021 for LLB Students
This list of best law firms is sorted in alphabetical order.
- Agama Law Associates – Mumbai
- Agarwal Law Associates – New Delhi
- ALMT Legal – Bengaluru, Mumbai
- Anand & Anand – New Delhi, Chennai, Mumbai, Noida
- Athena Legal – New Delhi
- AZB & Partners – Mumbai, Bengaluru, Gurugram, New Delhi, Pune
- Calibre Legal – Chennai
- Cyril Amarchand Mangaldas – Mumbai, Ahmedabad, Bengaluru, Chennai, Hyderabad, New Delhi
- Desai & Diwanji – Mumbai, Gurugram, New Delhi
- DMD Advocates – Mumbai, New Delhi
- Fox Mandal & Associates – Bengaluru, Chennai, Hyderabad, Pune, Mumbai, New Delhi, Kolkata, Ahmedabad
- Gagrats – Mumbai, New Delhi
- Hammurabi & Solomon Partners – New Delhi, Bengaluru, Gurugram, Mumbai, Patna, Ranchi
- HSA Advocates – New Delhi, Bengaluru, Kolkata, Mumbai
- Ikigai Law – New Delhi, Bengaluru
- India Law Offices – New Delhi, Mumbai, Chennai, Bengaluru, Hyderabad, Kolkata, Goa, Ahmedabad, Pune, Noida, Gurugram
- J Sagar Associates (JSA) – Mumbai, Gurugram, Ahmedabad, Bengaluru, Chennai, Hyderabad, New Delhi
- Juris Corp – Mumbai, Bengaluru, New Delhi
- Kanga & Company – Mumbai
- Krishna & Saurastri Associates – Mumbai, Pune, New Delhi, Bengaluru, Ahmedabad, Chennai
- Lex Consult – Mumbai
- LexOrbis – New Delhi, Mumbai, Bengaluru
- Mulla & Mulla & Craigie Blunt & Caroe – Mumbai, Bengaluru, New Delhi
- Pier Counsel – Gurugram
- Singhania & Partners – New Delhi, Bengaluru, Gurugram, Hyderabad
- SKS Law Associates – New Delhi, Faridabad