Territory meaning

This Checklist outlines the practical considerations for a franchisor when launching an international franchise. A franchisor may wish to grow its network abroad to tap new territories and emerging markets, usually by entering into an international franchise agreement or an international development agreement. Nevertheless, the agreement and the structuring of the international arrangement can also present challenges and complications. This Checklist identifies some of the practical issues that a franchisor planning to expand overseas might encounter. Issues The franchise agreement will state that the franchisee must run the business in line with the franchisor’s operations manual. However, the business method described in that manual may not have been piloted or proven in the overseas territory. It will have been devised on assumptions tailored to the local market. A franchisee may therefore struggle to implement the method in the overseas territory if reliant on those assumptions. A franchisee is often contractually obliged to use the marketing material supplied by the franchisor under the agreement...

How to use this Checklist This Checklist pinpoints common matters that arise when negotiating and drafting the following agreements: Trade mark assignment (pro-assignor) Trade mark assignment (pro-assignee) For more detail on the legal basis for assigning trade marks and the formalities required, see Practice Note: Assigning intellectual property rights. It can also be repurposed as heads of terms to capture headline agreed points while a formal trade mark assignment is being finalised. For guidance on this, see Precedent: Heads of terms—commercial contracts. Checklist schedule for proposed trade mark assignment Checklist, further details, notes (if any) Key commercial considerations ☐ Parties Verify which entities will be party to the agreement—specify the current owner of the trade marks (ie the assignor) and the entity to whom they will be transferred (ie the assignee). Also confirm each party’s legal status and whether any third parties (such as group affiliates) are intended to benefit under the proposed agreement. ☐...

A checklist to capture instructions from either a franchisor or a franchisee in relation to a proposed franchise agreement, covering parties, general matters and background. PARTIES Full legal name and full postal address of the franchisor If the franchisor is a limited company, please state its registered office address, company registration number and accounting reference date If the franchisor is not incorporated, on what date are its accounts prepared each year? Will franchisees operate as sole traders, traditional partnerships, LLPs, or limited companies? Is a guarantor required for the franchisees’ obligations under the agreement? Where franchisees are companies, does the franchisor insist on a personal guarantee from the principal shareholder, to secure recovery of any potential losses or damages? Must the franchise be owner-run, or is it intended as a management model? GENERAL Brief outline of the franchisor’s business, and the proposed franchise activity if different For how long has the franchisor carried...

State aid General Court dismisses action relating to Commission’s decision approving compensation to Česká pošta for universal service obligations The General Court delivered its ruling in Case T-784/22, Zásilkovna v Commission, a challenge to the Commission’s decision of 25 July 2022, which concluded that compensation granted to Česká pošta by the Czech Republic for carrying out the universal postal service obligation for the years 2018-2022 was compatible with the internal market (SA.55208). The General Court rejected the action in full. By its ruling, the Court endorsed the Commission’s approval of the compensation measure. Background Česká pošta, the incumbent postal operator in the Czech Republic, has been designated as the country’s universal postal service provider. Under the universal service obligation (USO), Česká pošta is required, amongst other duties, to make available specified letter and parcel delivery services on each business day throughout the whole territory of the Czech Republic. The General Court upheld this decision on appeal. In January 2018, the Czech authorities pre-notified compensation intended for Česká...

In this issue: UK digital markets UK competition policy UK private actions EU antitrust Daily and weekly news alerts Caselex UK digital markets CMA opens first ‘SMS investigation’ under the DMCCA 2024 into Google’s general search and search advertising The CMA has begun an ‘initial SMS investigation’ under Part 1 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). This is the authority’s first SMS designation probe under the new DMCCA digital markets framework. The CMA’s power to designate undertakings with SMS, and potentially impose conduct requirements, took effect on 1 January 2025. The Investigation Notice states that Alphabet Inc, Google LLC, Google Ireland Limited and Google UK Limited (Google) provide general worldwide web search and information return (general search), and advertising to users of general search (search advertising). The CMA considers these meet the definition of a digital activity and can be treated as one activity. The Notice excludes specialised search service interfaces, such...

The UPC's Court of Appeal On 6 March 2026, the UPC’s Court of Appeal paused the patent infringement proceedings that Dyson Technology Ltd (Dyson) had initiated against Hong-Kong-based rival hairdryer maker Dreame International (Hongkong) Ltd (Dreame) and a Spanish business acting in the EU as its ‘authorised representative’, in order to obtain guidance from the Court of Justice of the European Union on how the actions should progress. Dyson had requested that the UPC grant a preliminary injunction preventing Dreame from marketing hairdryers said by Dyson to infringe one of its patents across UPC territory, and also in Spain, which has never acceded to the EU’s patent court. The UPC’s Hamburg Division then issued an injunction restraining two Dreame companies, together with Eurep GmbH (Eurep) — described as an authorised representative for Dreame in Europe — from distributing specified hairdryer models within the UPC...

This Practice Note explores how domestic and overseas arbitral awards are recognised and enforced in the Cayman Islands. For a brief introduction to the Cayman arbitration framework, including the Arbitration Act 2012 (the 2012 Act), see Practice Note: Stay of court proceedings and anti-suit injunctions in support of arbitration in the Cayman Islands—an introduction to the Cayman Islands arbitration regime. Note: the judgments of the Cayman Islands courts mentioned in this Practice Note are not reported by LexisNexis® UK. The regime for the enforcement of arbitral awards in the Cayman Islands The UK government extended the operation of the 1958 New York Convention on the Enforcement of Arbitral Awards (the New York Convention) to the Cayman Islands by notifying the Secretary‑General of the United Nations, with effect from 24 February 1981. The notification included a reservation that the Cayman Islands would apply the New York Convention only to the recognition and enforcement of arbitral awards rendered in the territory of another Contracting State. The Foreign Arbitral Awards Enforcement...

CASE HUB ARCHIVED – this archived case hub captures the position as at the judgment dated 12 December 2019; it is no longer maintained. See also the timeline, commentary, and related/relevant cases for further details. Case facts Outline Case C‑435/18 Otis Gesellshaft m.b.h. and Others v Land Oberösterreich and Others – a national judicial reference from Austria seeking clarification on whether various lift manufacturers should face damages claims by an Austrian local council on the basis that their cartel conduct increased the cost of its loans to construction companies. Latest developments On 12 December 2019, the Court of Justice handed down its judgment. The Court of Justice confirmed and clarified that, under Article 101 TFEU, persons who are neither suppliers nor customers on a market affected by a cartel may obtain compensation for loss caused by that cartel. Parties Otis Gesellshaft m.b.h. Land Oberösterreich Market The market for the supply of lifts and escalators in Austria’s territory....

Practice Note: Service of applications and documents in family proceedings outside the jurisdiction of England and Wales This Practice Note sets out guidance on serving applications for matrimonial or civil partnership orders, and other family proceedings documents, beyond England and Wales. It addresses service in Scotland or Northern Ireland, in states party to the Hague Service Convention, and in all remaining countries, for proceedings started on or after 6 April 2022. It outlines the deadlines for service and for acknowledging service of matrimonial and civil partnership applications, and also considers when a translation is required. For proceedings issued before 6 April 2022, see Practice Note: Service of documents in family proceedings outside the jurisdiction (pre-DDSA 2020). For provisions on serving court documents within the EU before implementation period (IP) completion day (11 pm on 31 December 2020), see: Service on a party in an EU Member State before IP completion day. The rules governing service of application forms/notices and other documents outside the jurisdiction of England and Wales, together...

This Agreement is entered into on [ date ] Parties [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ], whose registered office is at [ insert address ] ] (the Principal); and [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] with registration number [ insert registered number ], whose registered office is at [ insert address ] ] (the Agent), (each of the Principal and the Agent is a party and, taken together, the Principal and the Agent are the parties). Background The Principal provides the Services (as defined below). The Principal intends to appoint the Agent as its non-exclusive agent within the Territory (as defined below) for the [ marketing OR marketing and sale ] of the Services, on the terms of this Agreement. The Agent has agreed...

This Agreement is entered into on [ date ] Parties [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Principal); and [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] (the Agent). Each of the Principal and the Agent is a party, and together the Principal and the Agent are the parties. Background The Principal [ manufactures OR manufactures and sells ] the Products (as defined below). The Principal intends to appoint the Agent as its exclusive agent in the Territory (as defined below) for the [ marketing OR marketing and sale ] of the Products, on the terms of this Agreement. The...

[ insert address of trade mark proprietor ] Our ref: [ insert reference ]Your ref: [ insert reference ] [ insert address of recipient ][ insert date ] Dear [ insert name of recipient ] Authorisation to use registered trade marks: [ insert details of trade marks at issue ] We are the owner of the registered trade marks listed in Schedule 1 to this letter (the Trade Marks). For clarity, in this letter agreement (the Agreement) we refer to ourselves as we. Further to your request dated [ insert date ] to use the Trade Marks in [ insert territory ] (the Territory), we confirm our permission for such use by [ insert name of requesting party ] (you), on the basis set out in this Agreement as follows: 1 Authorisation to use [ From the date of this letter OR From [ insert effective date ] ] we grant you a non-exclusive, non-transferable, [ royalty free, ] [ fully paid-up, ]...

Brexit—Commercial For help with your query, please refer to the following: Brexit—contract clauses and resources—checklist [Archived] Clause: Brexit—warranty for commercial contracts clause [Archived] Clause: Territory definition For additional guidance, see: Brexit collection...