Best Franchising Lawyers in China

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DeBund Law Offices
Shanghai, China

Founded in 2000
50 people in their team
Chinese
English
We make determined efforts to provide comprehensive and professional services tailored to your special needs.We have intensively and persistently studied and practised foreign investment, intellectual property, company, criminal and civil laws, and are admired and trusted by our clients in both...
Henglong Law Firm
Shanghai, China

Founded in 2005
50 people in their team
Chinese
English
We specialize in foreign-related transactions concerning e-commerce, environmental protection, fashion, biotech, machinery, real estate and related dispute resolutions. We have been serving a large variety of overseas public or private entities, and regional headquarters of foreign enterprises in...
Fangda Law Firm
Shanghai, China

Founded in 1993
50 people in their team
Chinese
English
We have approximately 800 lawyers in our six offices in major Chinese cities: Beijing, Guangzhou, Hong Kong, Nanjing, Shanghai and Shenzhen. We operate as a single, integrated partnership, not as an alliance of lawyers in different locations.Our lawyers collaborate seamlessly across practice groups...
Tiance Law Firm
Shanghai, China

Founded in 1986
50 people in their team
Chinese
English
About TianceTiance Law Firm ("Tiance") was founded in 1986. It is a well-known large-scale comprehensive law firm in China and a leading law firm in the Yangtze River Delta region. It is also recognized by the market as an elite law firm with excellent professional service capabilities. . Tiance...

Founded in 1996
50 people in their team
Chinese
English
Guangsheng & Partners Law Offices (“G&P”) is a full-range service law firm based in Beijing with branch office in Shanghai.  As one of the leading and largest law firms in China, G&P was originated from China Legal Affairs Center established in 1985, which was affiliated...
Huarong Law Firm
Shanghai, China

Founded in 1996
50 people in their team
Chinese
English
Shanghai Huarong Law Firm is one of the leading professional and comprehensive Shanghai law firms in the field of legal services in China. There are more than 100 people in the law firm. Huarong Shanghai lawyers have good educational background, profound legal foundation and rich practical...

Founded in 1984
50 people in their team
Chinese
English
Shanghai United Law Firm (“United”), founded in 1984, is a prestigious leading law firm of rich history providing comprehensive legal services in China. In addition to the head office in Shanghai, United has set up offices throughout China.United has accumulated broad professional experience...

English
Established in 2013, CFS - Luís Cavaleiro de Ferreira, Ricardo Silva & Associados is a prominent full-service law firm based in Macau. The firm has built a strong reputation for delivering high-quality, innovative, and practical legal advice, adhering to international standards of responsiveness...
Stabit Advocates
Hongkou, China

Founded in 2000
173 people in their team
Chinese
English
French
Stabit Advocates LLP (https://www.stabitadvocates.com) is one of the top law firms in the world and stands as a beacon of legal excellence, recognized as one of the top law firms in East Africa, Africa and Globally with over 75 practice areas. Our firm is synonymous with top-tier legal expertise,...
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About Franchising Law in China

Franchising in China has seen significant growth in recent years, with a wide range of industries and businesses utilizing this business model. Franchising is regulated by the Ministry of Commerce and the State Administration for Industry and Commerce in China. Understanding the legal framework is essential for both franchisors and franchisees to navigate the market effectively.

Why You May Need a Lawyer

Legal issues can arise at any stage of the franchising process, from negotiating franchise agreements to resolving disputes. A lawyer specializing in franchising law can provide valuable guidance and assistance in ensuring compliance with local regulations, protecting your rights, and resolving any disputes that may arise.

Local Laws Overview

Key aspects of local laws relevant to franchising in China include the Franchise Regulations issued by the Ministry of Commerce, which govern the registration and operation of franchise businesses. Additionally, the Contract Law and the Anti-Monopoly Law are also important considerations for franchising agreements in China.

Frequently Asked Questions

1. What are the requirements for franchising in China?

In China, franchisors are required to register with the Ministry of Commerce and provide detailed information about their franchise offerings. Franchise agreements must comply with local laws and regulations.

2. What laws govern franchise agreements in China?

Franchise agreements in China are governed by the Contract Law, which sets out the rights and obligations of both franchisors and franchisees. The Anti-Monopoly Law also applies to franchising arrangements to prevent anti-competitive behavior.

3. What are the key considerations for drafting a franchise agreement in China?

Key considerations for drafting a franchise agreement in China include intellectual property rights, territorial restrictions, payment terms, and dispute resolution mechanisms. It is important to consult with a lawyer to ensure the agreement complies with local laws.

4. What are the common disputes that arise in franchising in China?

Common disputes in franchising in China include breaches of contract, trademark infringement, non-payment of royalties, and territorial disputes. Resolving these disputes may require legal intervention to protect your rights.

5. How can a lawyer help in resolving franchise disputes?

A lawyer specializing in franchising law can provide legal advice, negotiate on your behalf, and represent you in court if necessary. Their expertise can help you resolve disputes efficiently and protect your interests.

6. How can I protect my intellectual property rights in a franchise agreement?

It is essential to include provisions in the franchise agreement that protect your intellectual property rights, such as trademarks, patents, and trade secrets. A lawyer can help you draft these provisions to ensure adequate protection.

7. What are the restrictions on franchise agreements in China?

Franchise agreements in China must comply with local laws and regulations, including restrictions on territorial exclusivity, pricing, and anti-competitive behavior. It is important to seek legal advice to ensure compliance.

8. What are the tax implications of franchising in China?

Franchising income is subject to taxation in China, including value-added tax and corporate income tax. Understanding the tax implications of franchising is crucial for both franchisors and franchisees to avoid penalties.

9. How can I terminate a franchise agreement in China?

Terminating a franchise agreement in China requires compliance with the terms of the contract and local laws. A lawyer can guide you through the termination process and help you resolve any disputes that may arise.

10. What are the legal remedies available in case of a franchising dispute?

Legal remedies for franchising disputes in China may include mediation, arbitration, or litigation. A lawyer can advise you on the best course of action based on your specific situation and help you navigate the legal process effectively.

Additional Resources

For more information on franchising in China, you can refer to the Ministry of Commerce website, the State Administration for Industry and Commerce, and the China Franchise Association. These resources can provide valuable insights and guidance on franchising regulations and best practices in China.

Next Steps

If you are facing legal issues or require assistance with franchising in China, it is advisable to consult with a lawyer specializing in franchising law. They can provide you with personalized advice and support to protect your interests and ensure compliance with local regulations.

Lawzana helps you find the best lawyers and law firms in China through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Franchising, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in China - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.