CEU Electronic Theses and Dissertations, 2019
| Author | Sicat, Melissa Ann Balanay |
|---|---|
| Title | Developing a More Robust Filipino Franchising Industry: What the Philippines Can Learn from the U.S. and Europe |
| Summary | This thesis briefly analyzes the current system of franchise regulations in the Philippines and its reliance on the Rules and Regulations on Voluntary Licensing (“Rules”). It should be noted that such Rules primarily applies to technology transfer arrangements but does not specifically mention franchise agreements. It also assesses the implications of imposing regulatory prohibitions on some clauses in a franchise contract which, on its face, may seem “anti-co mpetitiveȁ d; but are in fact, actually characteristics of franchise asymmetry, an essential element in franchise arrangements in most jurisdictions. Essentially, the thesis seeks to prove that, in order to develop a more robust and enticing franchise environment in the Philippines, a careful balance must be struck between the rights of the franchisor to its know-how and intellectual property, on one hand, and the rights of the franchisee to be protected economic-wise and make an informed business decision, on the other. To achieve this objective, laws, regulations and cases in other jurisdictions with thriving economies and franchise industries such as the United States, France and Germany are analyzed and summarized in this thesis. The said countries are selected to highlight the contrasts in their systems of franchise regulations and the differences in the manner by which they respond to different stakeholders in the industry, such as the franchise associations, innovators and the consumers in general. General EU policies on competition are also assessed in this thesis as they may give insight on how to effectively implement anti-competitive policies, without compromising the need to encourage and infuse more innovations and know-how into the local economy. By assessing the pros and cons of the aforementioned foreign systems, one can learn lessons and explore possible policy options on how to further improve the Philippine franchising laws and regulations. |
| Supervisor | Tajti, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/sicat_melissa-ann.pdf |
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