Franchising Comparative Guide

1 Legal and enforcement framework

1.1 Which legislative and regulatory provisions govern franchising in your jurisdiction?

In the absence of franchise-specific legislation in India, a franchise arrangement is governed by various applicable statutory enactments, including:

• the Contract Act, 1872;
• the Competition Act, 2002;
• the Consumer Protection Act, 1986;
• the Trade Marks Act, 1999;
• the Copyright Act, 1957;
• the Patents Act, 1970;
• the Design Act, 2000;
• the Specific Relief Act 1963;
• the Foreign Exchange Management Act, 1999 and other foreign direct investment (FDI) policies and regulations issued by the Reserve Bank of India from time to time;
• real estate laws such as the Transfer of Property Act 1882;