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Distribution and IP Licence Agreements: Are they subject to the Australian Franchising Code of Conduct?

Knowing if an agreement is a ‘franchise agreement’ for the purpose of the Australian Franchising Code of Conduct matters. A business can be exposed to significant penalties where incorrect assumptions have been made as to whether existing or proposed agreements and arrangements with licensees, distributors and other dealers are franchise agreements for the purpose of the Franchising Code.

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Information Sheet: Dealership, Distribution, Re-seller and IP Licence Agreements & the Australian Franchising Code of Conduct (October 2018)

The Australian courts have given a very broad interpretation of the definition of “franchise agreement” in the Australian Franchising Code of Conduct resulting in many dealership or reseller agreements, distribution agreements, trade mark licenses and IP license agreements being franchise agreements in Australia and subject to compliance with the Australian Franchising Code of Conduct. These… Read More

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