The Small Clause That Could Cost Your Franchise Everything – Why “Business Day” Definitions Are Critical in Franchise Agreements
When drafting a franchise agreement, the focus often falls on the obvious key components: fees, brand usage rights, operational manuals, territorial protections, intellectual property, and termination clauses. These are, without doubt, essential pillars of the franchise relationship. However, it is often the overlooked clauses, those tucked into the “Definitions” section—that can have disproportionately large consequences […]
Trademark Infringement: What Really Happens Before Court?
Writing something out of franchising. In a typical pre-litigation trademark infringement case, the first step is not rushing to court—but giving the other side a chance to make things right. Usually, the trademark owner (or their legal representative) will issue a cease and desist letter, also known as a notice of demand. This letter formally […]
Renewal and Extension
Clarifying Sections 32 and 34 of the Malaysian Franchise Act 1998 Many readers find the wording of Sections 32 and 34 confusing, especially because the terms “renew” and “extend” are often used interchangeably. The summary below reproduces the statutory text and explains its practical effect, so Parliament’s intent becomes clearer. Allow me to reproduce both section 32 and 34. Section 32 – Non‑Renewal […]
The Nasi Kukus Tonggek case
Still not late to highlight the case of Mohd Heidheer bin Abd Karim & Anor v Siti Nabilah bt Mohamad Isa (pemilik tunggal NKT Group Resources) & Ors [2024] MLJU 99, in a summary, 3 broad issues emerge that are of significant importance to Malaysia’s franchise industry: (a) Label on Agreement is Not What is.The […]
Court of Appeal Quashes RM2.3 Million Award in Franchise-Like Licensing Dispute
A legal saga involving a brain development education programme has taken a dramatic turn as the Court of Appeal overturned a High Court ruling that had awarded RM2.3 million in damages to six individuals who had entered into business agreements with Safeway Solutions Sdn Bhd. While the High Court had earlier found in favour of […]
The Ministry (KUSKOP) Agenda : Enforcement
Chapter 14 of my book, “The Franchise Code: Start, Structure & Scale Your Franchise in Malaysia (Page 202)” under the heading Franchise Offences and Penalties, I wrote, “The Franchise Act 1998 establishes a strict legal framework to regulate franchise relationships. This legislation ensures transparency, fairness, and compliance among franchisors and franchisees. However, failure to adhere […]
Loans and Grants
“…To support franchise growth, several funding options are available through banks, government agencies and alternative financing solutions…”
Pit Stop – Book Introduction – The Franchise Code
I’m excited to announce that my book, The Franchise Code: Start, Structure, and Scale Your Franchise in Malaysia, will officially launch during the Franchise International Malaysia (FIM) Exhibition and Franchise Asean Conference 2025, at the Pit Stop (Sub Event) on 9th May 2025 at 12 noon! This book is more than just a guide — […]
24 April 2025 – Day 1 of the International Franchise Conference
24 April 2025 – Day 1 of the International Franchise Conference Organised by Franchise Asia Philippines 2025 Theme: “Building Success Together.” What a vibrant, high-energy start—brilliant speakers, bold conversations, and practical topics ranging from branding and tech to operations and strategy. A true gathering of minds and hearts. But what did I really gather? What […]