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ARTICLE · 16 OCTOBER 2014

Recent Case Law On Franchising (New Developments And Trends)

According to the Franchising Association of Ukraine, as of today about 400 franchising chains operate in the Ukrainian market.

UkraineCorporate/Commercial Law

Franchising has been gradually capturing the Ukrainian market. According to the Franchising Association of Ukraine, as of today about 400 franchising chains operate in the Ukrainian market and this data demonstrates annual increase of about 20 per cent. Notwithstanding the substantial Ukrainian market potential for further franchising expansion, there are lots of pitfalls hindering successful franchising development in Ukraine, for example: (i) the equivocal legislative regulation; (ii) strict foreign currency regulation; (iii) misunderstanding by the franchisees of the nature of franchising; (iv) the franchisee's unwillingness to strictly follow the franchisor's standards; (v) 'historical' disrespect for the franchisor's intellectual property rights; and (vi) commercial secrets. The absence of well-established, firm practice in the ruling and interpretation of franchising related issues by the Ukrainian courts also pours oil on the flames. In view of the above, in this

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