Best Franchising Lawyers in China

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Or refine your search by selecting a city:

Hui Ye Law Firm

Hui Ye Law Firm

Shanghai, China

Founded in 1986
50 people in their team
Huiye Law Firm (hereinafter referred to as "Huiye") is a leading comprehensive law firm in the country that specializes in commercial legal services....
Chinese
English
Guangsheng & Partners, PRC Lawyers

Guangsheng & Partners, PRC Lawyers

Beijing, China

Founded in 1996
50 people in their team
Guangsheng & Partners Law Offices (“G&P”) is a full-range service law firm based in Beijing with branch office in Shanghai.  As...
Chinese
English
ZY Partners

ZY Partners

Beijing, China

Founded in 1998
50 people in their team
Established in 1998, ZY Partners is recognized as one of the leading firms in the field of intellectual property and areas within its immediate...
Chinese
English
Nuodi Law Firm

Nuodi Law Firm

Shanghai, China

Founded in 2007
50 people in their team
Shanghai Noddy Law Firm is one of the few professional providers in mainland China that can provide comprehensive legal and commercial services for...
Chinese
English
King & Wood Prclawyers

King & Wood Prclawyers

Suzhou, China

Founded in 1832
5,000 people in their team
We are a law firm born in Asia with an Asian perspective and world-class service capabilities.King & Wood Mallesons has more than 3,000 lawyers...
Chinese
English
Tongqian Law Firm

Tongqian Law Firm

Shanghai, China

Founded in 2001
50 people in their team
Shanghai Tongqian is a professional law firm which is mainly engaged in corporation law and commercial law with concernings and labor law. The firm...
Chinese
English
Jiehua Law Firm

Jiehua Law Firm

Shanghai, China

Founded in 1994
50 people in their team
Shanghai Jiehua Law Firm was established in July 1994.It is the group member unit of Shanghai law society,and is the second batch of enterprise...
Chinese
English
Long'an Law Firm

Long'an Law Firm

Beijing, China

Founded in 1992
50 people in their team
Long An Law Firm is a full service Chinese law firm with thirty-three offices in all major metropolis across China. Founded in 1992, when China...
Chinese
English
King & Wood PRC Lawyers

King & Wood PRC Lawyers

Beijing, China

Founded in 1993
50 people in their team
We are a law firm born in Asia with an Asian perspective and world-class service capabilities.King & Wood Mallesons has more than 3,000 lawyers...
Chinese
English
Tianyuan Law Firm

Tianyuan Law Firm

Beijing, China

Founded in 1992
50 people in their team
Tianyuan Law Firm was established in 1992 and is one of the first comprehensive law firms in China. Ability to provide high-quality legal services to...
Chinese
English
AS SEEN ON

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.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.