Symbiotic Franchise, Eco-Symbiotic Franchise
I coined these terms. Symbiotic Franchise. Yes you hear me. Merriam Webster’s Synonyms for symbiotic are mutual, cooperative, reciprocal, amongst others. Symbiotic Franchise is something new within the franchise industry whether its locally or globally. This Symbiotic Franchise Model focuses on maximizing resource efficiency by ensuring that a single raw product is fully utilized in […]
Words Matter – The Misuse of “Franchise”
I am going to talk about something a little controversial. The Word “FRANCHISE”. The word “franchise” is derived from the Anglo-French word meaning “liberty.” In Middle French, it is “franchir”– to free. In Old French, it is “franc,” signifying free. The French term “francis” means granting rights or power to a peasant or serf. The […]
Build Your Foundation – Nobody is a Guineapig
A few weeks ago, I was advising a licensee who had entered into a business relationship with what can best be described as a look-alike franchise business. I use the term “look-alike franchise” because, although the parties had signed a license agreement in November 2024, the substance of the relationship contained the key elements of […]
The Small Clause That Could Cost Your Franchise Everything Part 3 – Arbitration, Jurisdiction, and Mediation in Franchise Agreement
In the world of franchising, legal disputes are not only inevitable but also inherently complex. These disputes often arise from breaches of contract, operational disagreements, or perceived failures in the franchisor-franchisee relationship. When such disputes occur, the resolution process is typically governed by a series of contractual clauses—most notably those concerning governing law, jurisdiction, arbitration, […]
Franchising and Cooperatives:
A Powerful Synergy for Malaysia’s Economic Growth By Damian Yeo | Malaysian Franchise Association Together with Mr. Khalek Awang, I had the honour of representing the Malaysian Franchise Association (MFA) at National Cooperative Day 2025, held from 25th to 27th July at the Melaka International Trade Centre (MITC). This annual event was a vibrant and […]
The Forgotten Rituals: Where the Franchise Truly Begins – Franchise Development
Yesterday, I was drafting a development plan for a franchise and was reminded of a crucial yet often overlooked aspect of franchising: the rituals in the pre-opening stage. Many franchisors, or their representatives, tend to focus heavily on pitching the franchise opportunity—highlighting how robust the brand is, the quick return on investment, the comprehensive support […]
The Small Clause That Could Cost Your Franchise Everything Part 2 – Why “Notices” in Franchise Agreements Are Important
In the grand structure of a Franchise Agreement, most attention gravitates towards the larger, seemingly more impactful clauses, those that govern intellectual property, territorial exclusivity, royalty payments, and termination rights. Yet, buried deeper in the agreement, often overlooked and dismissed as mere boilerplate, lies a seemingly minor provision that can wield enormous consequences: the Notice […]
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 […]