News & Blog

The information contained in the articles published in this blog are of a general nature and are not to be considered an exhaustive examination of the various issues, nor are intended to express an opinion or provide legal advice. Specific legal advice must be provided with regard to individual cases.

Franchising in Italy assofranchising

Franchising in Italy: almost 29 million euros the total turnover in 2021, up by +6.7% compared to 2020

Franchising is growing in Italy, despite the economic crisis. Franchising employees in Italy in 2021 grew by 4.7% compared to 2020. There is also a growing number of operating brands and points of sale, especially in GDO.
Abuse of economic dependence and franchising

Abuse of economic dependence and franchising: the AGCM opens a procedure against Mc. Donald’s in Italy

The Italian Competition and Market Authority (“AGCM”) initiated an investigation against McDonald’s for alleged abuse of economic dependence, upon reporting by some former franchisees in the McDonald’s network, who had managed restaurants in some Italian regions.
How to register and protect a trademark in franchising

How to effectively register and protect a trademark in franchising

Trademarks play an important role in franchising in Italy, but there are some rule to follow concerning registration, in order to achieve protection.
Litigation in franchising

Litigation in franchising: where does it come from, how to prevent it, how to solve it

There are several causes of litigation in franchising in Italy, mainly concerning the compliance with Italian Franchise Law.
Investments in franchising

Investments in franchising: how they are regulated in Italy from a legal point of view

Investments for a franchise in Italy are important also from a legal point of view: Investments are regulated by Italian Law no. 129/2004.
expanding franchise italy master franchising problems

Franchising in Italy: the 2020 scenario after the Covid 19 pandemic is surprisingly (or not?) positive

In 2020, franchising is one of the main drivers of the Italian economy, being one of the sectors reacting more positively to the economic crisis.
abuse of economic dependence   franchising

Abuse of economic dependence and franchising: the AGCM initiates an investigation against Benetton in Italy

The Italian Antitrust Authority initiated an investigation against the Benetton group for a suspected abuse of economic dependence, regarding franchising agreements for the sale of products under the Benetton brand.
franchising increasing in Italy

Franchising confirms to be increasing in Italy

The 2020 Assofranchising survey, referred to 2019, confirms that in Italy franchising is one of the main sectors of Italian economy, with an average yearly increase of 5%.
exclusive rights in italian franchising agreements

Franchising: defining exclusive territory rights

Under an exclusivity clause, franchisors cannot enter into other franchise contracts within a certain area. Exclusive territories are quite common in franchise agreements in Italy, since they avoid franchisees from the same network competing with each other and provide them with a secure slice of the market.
how is franchising regulated italy

Franchising and e-commerce: can franchisors (legally) limit online sales and social media by franchisees?

E-commerce presents a series of peculiar problems with reference to the regulation of the relationships between franchisors and franchisees, and among franchisees.
how expand franchise italy

Expanding a franchise in Italy: what options?

When considering franchising as an option for business expansion in Italy, a carefully planned approach is required. Franchisors have a variety of legal solutions to enter the Italian market; each of them contains advantages and disadvantages, that should be carefully considered, with the support of a local law firm.
coronavirus emergency italy legal issues franchisors reactions

Coronavirus emergency in Italy: what should franchisors do (and what are they doing)?

The spread of the COVID-19 pandemic is having a huge economic impact on all businesses in Italy, and franchise networks have not been immune from this emergency. From a legal point of view, the emergency is having a direct impact on contractual obligations within the franchise networks, to perform some services.
termination of franchise agreements in italy

Not to Compete Covenants after the termination of franchise agreements in Italy

Not to compete covenants after the termination of a franchise agreement are rather frequent in Italy. With this agreement the franchisee undertakes not to carry out activities in competition with that exercised in the franchise network.
Franchising

Franchising in Italy: entry fees, royalties, purchase and resale prices

In Italian franchise agreements, franchisees are required to pay a remuneration to the franchisor for the granting of the so-called franchise package, usually in the form of entry fees and royalties.
franchisors protect trademark brand name IP

IP rights in Italy: how franchisors can protect their trademark and brand name?

Intellectual property rights, in particular trademarks, are some of the most valuable assets of franchise systems in Italy. With the growth of the Internet this assumption is even more true than ever.
franchising business plan advertising tool boomerang

The business plan in franchising: advertising tool or boomerang?

Business plans are widely used in franchising in Italy, but they can turn into a boomerang for franchisors, since if a franchisee does not meet the forecasts he may sue the franchisor for early termination of the contract.
franchise agreements how is regulated protected

Franchise know-how in Italy: what it is, how it is regulated, how it is protected

In Italy most franchise systems are based on confidential know-how. According to Italian Franchise Law, franchising contracts must contain a specific know-how provided by the franchisor to the franchisee.
expanding a franchise through subsidiary

Expanding a franchise in Italy through a subsidiary

For a variety of reasons, franchisors may decide to expand their franchise in Italy through a subsidiary whose stock shares are controlled by the franchisor’s company.
area representative agreement franchising

The Area Representative Agreement

A valuable option for foreign franchisors who wish to expand their franchise in Italy is to use an Area Representative agreement.
area development contract used italian franchise practice

Area Development: a contract increasingly used in Italian franchise practice

The Multi-Unit franchise model is increasingly used in Italy. Hence the importance of the Area Development Agreement.
expanding franchise italy master franchising problems

Expanding a franchise in Italy through Master franchising: how to face (and avoid) possible problems

Master Franchising is widely used in Italy, but of course it has some problems, most of which can be avoided by careful franchisors.
expanding franchise italy changes franchisors documents manual training

Expanding a franchise in Italy through Master franchising: what changes are needed in terms of franchisor’s documents, manual and training?

Expanding a franchise in Italy through Master franchising: what changes are needed in terms of franchisor’s documents, manual and training?
expanding franchise master franchising

Expanding a franchise in Italy through Master franchising: the economics

Master Franchising is by far the most common method to expand a foreign franchise network in Italy, as shown by the 2020 survey.
expanding franchise italy main features pros and cons why when

Expanding a franchise in Italy through Master franchising: how it works, why and when to use it

Expanding a franchise in Italy through Master franchising: main features, pros and cons, why and when it is used. Read the full article.