Trademark Licensing and Franchising in India: Legal Framework and Practical Gaps

This article analyzes the framework surrounding franchising in India and highlights the challenges that arise from its dependence on multiple, sector-specific statutes. Through an examination of key legislative instruments, such as those related to contracts, trademarks, consumer rights, competition, and taxation laws, it attempts to facilitate an understanding of the intricate connection that exists between intellectual property, contractual rights, and regulatory compliance. Given the sectoral diversity of franchising models, the paper also disputes the one-size-fits-all approach. Instead, this paper advocates for tailored legislation that balances regulatory oversight with commercial flexibility, thereby promoting fair franchise agreements and attracting both local and international investments