Laws this relies on
- Trade Marks Act, 1999 · Section 2(1)(r) read with Section 48Permitted use by a licensee under the proprietor's control (applies to registered marks); it counts as use by the proprietor.
- Trade Marks Act, 1999 · Section 29Use of the mark beyond the licence or after termination is infringement.
- Competition Act, 2002 · Section 3(4)Exclusive territories and price controls are void only if they cause an appreciable adverse effect on competition — prices are kept as recommendations.
- Indian Contract Act, 1872 · Section 27A non-compete cannot bind the franchisee after the agreement ends.
- CGST Act, 2017GST is payable on the franchise fee and royalty, in addition to the amounts stated.
How to execute
Print on non-judicial stamp paper of the value your state requires (or e-stamp), then sign with witnesses.
Print on non-judicial stamp paper or an e-stamp certificate of the value prescribed by the Stamp Act of the state where it is signed — stamp duty varies by state. All signatories should initial every page and sign before two witnesses. Keep the franchise operations manual as a separate confidential document referred to in the agreement.