Business Franchise Compliance in Mainland China

Abstract

This article seeks to educate foreign attorneys practicing business franchise law in the People’s Republic of China. It begins by explaining the most crucial differences between practicing law in the PRC and in other countries. It then provides the important provisions and an analysis of all of the PRC’s national laws pertaining to business franchising. It translates and analyzes local and industry-based regulations. This article also translates and discusses the most current and important business franchise cases from the Supreme People’s Court, Beijing Higher People’s Court, and Shanghai Higher People’s Court. It offers advice to foreign attorneys and concludes by suggesting specific reforms to current legislation on business franchising in the PRC.

Keywords: China, Business Franchising, Business Franchise Law, Patent License, Patent Licence