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WNA Blog Home » Licensing Articles

Unfair Contract Terms Regime Now In Play

March 13, 2017 | Simone Pentis

2016 was a big year for the franchising sector, not only was it one year after the implementation of the new Franchising Code, but the unfair contract terms regime also came into effect from 12 November 2016 (“commencement date”). From the above commencement date this unfair contract terms regime applied to any standard form agreement […]



Why all Australian Distributors Should Trademark Goods They Distribute.

March 2, 2017 | Binh Rey

We’ve come across many distributors who have iron clad distribution agreements with companies to import their product into Australia. However, what these distributors fail to do is to obtain the trademark for the products they are bringing into the country to sell. Why is it so important to have trademarks for brands you don’t own? […]



Franchisee Employee Matters – Matter!

February 14, 2017 | Simone Pentis

Last year we provided an update regarding the issues the 7-Eleven franchise network’s suffered as a result of the failures of a number of its franchisee’s meeting their employer obligations. These issues have been an ongoing saga for the network, where following the Fair Work Ombudsman’s further investigations, the Fair Work Ombudsman has now published […]



Franchising – Am I acting in Good Faith?

December 7, 2016 | Simone Pentis

Good Faith is an important development within the Franchising Industry yet we still find some people confused by this concept and unsure how to ensure they are regarded as acting in Good Faith, especially when they need to make a decision that may have a negative impact on another party. We have discussed Good Faith […]



Franchising Expos: The Due Diligence and Opportunities – First Steps

November 2, 2016 | Simone Pentis

A few months ago I participated within a Franchising Expo where I came face to face with numerous members of the public looking to either become a franchisor by franchising their existing business or instead make a purchase direct from a franchisor and/or one of their franchisees to become apart of their franchise network. Franchising […]



Good Faith – It’s Important and is Here to Stay and Grow!

October 5, 2016 | Simone Pentis

In 2015 any debate as to whether there are obligations to act in Good Faith within the franchising industry ended with the Franchising Code of Conduct (the main law regulating franchising in Australia) expressly confirming Good Faith exists in franchising and cannot be excluded or limited. The obligation to act in Good Faith applies before, […]



Protecting The Franchise Brand

September 7, 2016 | Simone Pentis

Given a franchise group’s brand may be one of its most valuable assets, franchisors should be continually reviewing its own and its franchisees activities to ensure that the franchisor is actively managing and protecting its brand. There are a number of steps franchisors can take to protect their brand, some of these include a Franchisor […]



Franchising Networks: The impact of one and the importance of the Franchisor

August 10, 2016 | Simone Pentis

When dealing with a franchise network, people will not often distinguish between different franchised businesses, but instead think of one overall business. Franchising as a business format encourages the above view. Most franchise systems seek to ensure that every existing or potential customer can generally expect to experience the same consistent products and/or services irrelevant […]



Brexit | How Does It Affect Trademarks in the United Kingdom?

August 3, 2016 | Binh Rey

With the United Kingdom(UK) public voting to leave the European Union (EU) last month, many European Union (EU) registered trademark owners have been wondering what will happen to their trademark protection as the result of this momentous event.  Most EU expert commentators estimate that the divorce between Britain and the European Union will be finalised […]



Business Name and Logo: High Value Assets

July 6, 2016 | Simone Pentis

Given one of the essential assets of many businesses, particularly those operating within the franchising industry is their business’s trade name and logo/s, it cannot be underestimated how important it is to ensure the relevant name/s and logo/s have been sufficiently legally protected. Over the years I have seen many people believe that if they […]