AWF Magazine (Jan-Mar 2022) by Brand_Asia

YOUR SUCCESS IS OUR BUSINESS Kinderland Preschool Business I Inviting Strategic Partners Build Your Preschool Business Today!

Owning a preschool is fulfilling in many ways. Besides being a good investment, you are making a positive impact on the children and nurturing many future generations. We are looking for partners with a passion to ignite young minds, who believe in the enduring value of an early childhood education and are in the business for the long run.

research-based curriculum lends added business value. Its renowned music-infused curriculum coupled with unique programmes, has proven higher cognitive development in young children, boosting their creativity and literacy skills. Kinderland’s curriculum integrates the best educational approaches and methodologies from the West with the moral values and interpersonal relationships of the East. Kinderland taps on their strong affiliations with renowned preschools and institutions of higher learning worldwide to bring innovative learning to our children. Kinderland also offers continuous professional development for teachers and staff to ensure they are kept abreast of the latest trends in training early childhood educators in the region.

Growing Relations for the Long Term

Kinderland Preschool @ Jakarta, Indonesia

Since traversing overseas, Kinderland has established deep relations with its partners. Its stalwart Indonesian partner, Dr Suparno Adijanto, Founding Director of P T Bumi Raya Putera, said: “We have had the pleasure of working with Kinderland for over 20 years. Our long-standing relationship was, and continues to be, built on shared values and a passion for excellence in education. Together, we will continue to impact future generations of children.”

“The attention and environment you provide shapes your child’s brain development for life.” - Eric Erickson, German-American Child Development Psychologist

Indeed, studies have shown that a quality early childhood education has a profound influence on a child’s future success. To meet the growing need for a world-class and innovative learning environment, Kinderland is excited to work with prospective partners to introduce its premium preschool and childcare education in the region.

The Kinderland Advantage

Kinderland’s proven franchise business model is underpinned by four key pillars of strength. Kinderland has a strong regional brand recognition. For over 40 years, Kinderland has established itself as a trusted regional preschool educational brand with its footprint in eight Asia-Pacific countries. A wholly-owned subsidiary of Crestar Education Group Pte Ltd, the group is operating with more than 120 centres in the region. This strong legacy is coupled with its innovation in achieving many firsts. These include being the first Singapore preschool to venture into Malaysia, China and Indonesia, and the first to introduce its proprietary children’s music programme using keyboard and other musical instruments to foster language acquisition. We have a dedicated franchise support system and team to guide you on the business know-how of setting up, operations, curriculum and marketing, to help realise your passion and goals. We are committed to going the extra mile. During the pandemic, Kinderland supported our regional partners by accelerating the development of home-based learning curriculum for the region, and sharing of best practices in covid safety, to ensure our children’s education and partners’ business operations are not derailed. Created by in-house and international specialists in early childhood education and development, Kinderland’s

(From left to right): Dr Suparno & Mrs Suparno, Founding Director of P T Bumi Raya Putera and Mr Robert Leong, Chief Executive Officer, Kinderland International Education at our signing ceremony

Ready for the Digital Future

Dr Carol Loy Curriculum Director, said: “Learning is evolving. In this fast-paced world, technology and modes of learning are changing relentlessly. Kinderland will remain future-ready and leverage on innovation and digital technology to enhance our curriculum and better prepare our children for success in school and life.” To boost learning, Kinderland has digitalised its teaching materials and harnessed technology for deeper child engagement. This is done by tailoring an e-communication platform for parents and teachers to closely monitor the children’s progress and celebrate their every milestone. We look forward to partnering you to chart the future of early childhood education. To learn how you can build a fulfilling business in early childhood education, speak with us about being a Kinderland Strategic Alliance Partner. Contact us on +65 6881 8818 or email franchise@kinderland.com.sg

Note from the Editor 编者的话 F ranchise companies, once they have built a solid

I opine that before venturing overseas, doing tons

network of outlets in their own country, will often

of pre-entry homework, and evaluating the external

start to look at overseas markets. Because many

environment of a business by breaking down the

entry barriers can be overcome via franchising, this

opportunities and risks into Political, Economic,

is naturally a preferred model for overseas expansion.

Social, Technological, Environmental, and Legal factors (PESTEL) is

However, in my 33 years in franchise consulting, I

totally essential.

have seen many franchisors rush overseas in the most unprepared conditions – e.g., when their financial

May 2022 be a year when great breakthroughs

position is still relatively weak; when their team

happen for the good of all humanity.

members are still inexperienced and psychologically unprepared to travel frequently overseas; and when their intellectual property protection is not in place… Interestingly,

recently

read

article

about

international expansion by Wharton management professor Exequiel (Zeke) Hernandez who studied a phenomenon in the banking industry in his paper, “When Do Ethnic Communities Affect Foreign Location Choice? Dual Entry Strategies of Korean Banks in China.”. Professor Hernandez mentioned the example of a Korean bank which, among other strategies it deploys, open branches in China

特许经营公司一旦在自己的国家建立了稳固的网点网络，往往会

开始关注海外市场。由于许多进入壁垒可以通过特许经营来克服，这自然是海外扩张的首选模式。然而，在从事特许经营咨询

的33年中，我看到许多特许经营商在完全没有做好准备的条件下涌向海外 -- 例如，他们的财务状况仍然相对疲软；他们的团队成

员仍然没有经验，没有做好经常出差的准备;他们的知识产权保护体系不健全……

populated by people of its own ethnic group.

有趣的是，我最近读到沃顿商学院管理学教授Exequiel(Zeke)

The topic might seem unusual, but the phenomenon

种族社区会影响外国选址？韩国银行在中国的双重进入战略》

of firms expanding into foreign markets [to follow immigrants] is actually quite common. I am inclined to see Philippines’ fast-food Jollibee as a real example. Their first outlets were in California because there are

But not all companies will find it desirable to locate where immigrants from their home country live. There are cases in which companies deliberately avoided locating where immigrants live because they didn’t want to be associated with catering to a ‘niche-y’ ethnic group of customers or workers. Instead, they actually wanted to serve the broader market. Professor Hernandez’s ‘dual entry strategy’ is quite interesting. “If I am a firm and I’m considering expansion into a location that has an ethnic population, I’m going to do it if that location has a weak institutional environment — weak courts, weak laws, weak property rights — but I will not or I will be at least much less swayed by the ethnic population in places where institutional environments are strong.”

Tel 电话: (65) 6743 2282 Fax 传真: (65) 6743 1139 Email 电邮: albert@asiawidefranchise.com.sg Website 网站: www.asiawidefranchise.com.sg Facebook: @AsiawideFranchiseConsultants Twitter: @Asia_Franchise Linkedin: asiawide-franchise Designer 设计 Influential Brands Media Reps 广告代理 Contact: albert@asiawidefranchise.com.sg

。Hernandez教授提到了一家韩国银行的例子，该银行在开设分

支机构的选址策略方面，很重视当地有相当多的本民族人口。这

看起来很不常见，但公司跟随其本国移民扩张到国外市场的现象实际上非常普遍。菲律宾的快餐连锁Jollibee便是一个好的例

子。他们的美国第一个店铺设在加利福尼亚州，因为那里有很多

many Filipinos who live there…

Publisher 出版 Asiawide Trends Pte Ltd 亚洲新趋势私人有限公司 Room 2, 7B Aliwal Street, Chen Leonn Building Singapore 199900

Hernandez的一篇关于国际扩张的文章，他在论文《什么时候

菲律宾人……

但并不是所有的公司都希望找到来自本国移民居住的地方。在某

些情况下，它们故意避免定位移民居住区，因为他们不想与迎合“ 小众”族群的客户，而是想服务于更广阔的市场。 Hernandez教授的“双入策略”颇为有趣，他说： “如果我的公司正在考虑扩展到

一个有少数民族人口的地方，那可能是因为那个地方的制度环境薄弱，如法院、法律、产权制度等较薄弱。反之，我宁愿选择在制度环境强大的地方发展，以减弱受到少数民族人口的影响。 ”

我的一得之见：在国际化之前，尤为重要的是需要做大量的调查研究工作，并将机会和风险分解为政治、经济、社会、技术、环境和法律因素 (PESTEL)。这是完全必要的。

祝愿在2022年，全人类的利益能发生重大突破！

Editor-In-Chief 总编辑 Albert Kong 江进兴 We welcome views and comments from our readers. Correspondence should be addressed to Editor-InChief at the above address.

Asia Franchise & Business Opportunities (AFBO) reserves the right to edit letters for publication and also reserves the right to refuse advertising. With the publication of AFBO, Asiawide Trends is not offering legal, financial or any professional advice or endorsements. Readers are encouraged to seek advice from professionals in specialized fields before acting on any information published herein. The views and opinions expressed in AFBO are those of the author(s) and do not necessarily reflect the views and opinions of Asiawide Trends.

亚洲「特许经营加盟连锁•投资良机」杂志有权刊

登或删改任何来信或来稿，也保留刊登广告的取舍权利。来稿若有缺损或邮误，本刊概不负责。

我们虽尽力确保杂志中各篇文章所提供的讯息准确无讹，但读者若有意进军特许经营业，仍须徵询有关专家的意见。若祗以本刊为据而蒙受损失，本刊所刊登

的公司介绍文章及公司广告，并不表示本刊担保或推荐这些公司。

亚洲「特许经营加盟连锁•投资良机」杂志的各篇言

Albert Kong 江进兴 Editor

Contents

FLASIA 2021 SPEAKERS

Jan- Mar 2022 Asia Franchise & Business Opportunities

Cover Story 封面故事

Deelish Brands (with a delicious spread of fast-casual f&b concepts)

Deelish Brands有一系列美味可口的连锁品牌

Business Insights 学者专栏

Will Lush’s Decision to Deactivate Social Media Pay Off?

化妆品公司Lush宣布停用 Facebook、TikTok等社交媒体账号的影响几何？

Singapore's Copyright Act 2021 and Franchising

p14

新加坡2021年版权法

Franchising in the Time of Covid

p20

Virtual trademarks and the Metaverse: where does IP fit into all of this? 在元宇宙为虚拟商品和服务申请商标注册

p24

特许经营在疫情情况下

News Station 消息站

Brands for Good 2022 Awards Luncheon

p12

ICTA 2021 & Restaurant Asia 2021

p27

The International Franchise Show 2022 at ExCeL London

p29

Note from the Editor

Brands for Good 2022 年颁奖典礼

国际咖啡茶类兼亚洲餐馆展

2022英国国际特许经营展(伦敦展览会议中心ExCeL)

编辑的话

Contents Page

Calendar of Events 世界特许经营活动表

p32

Jan-Mar 2022

Cover Story 封面故事

DEELISH BRANDS (with a delicious spread of fast-casual f&b concepts)

"Our Mission is to be the #1 choice for trendy halal food in Asia!"

seasoned entrepreneur, Moe Ibrahim started Deelish Brands in late 2017 with ambitious goals. He felt there were two distinct areas in the Singapore restaurant market that were overlooked. First, fast-casual restaurants were growing quickly in other parts of the world but had yet to make it to Singapore. Next, there were limited dining options for the rapidly growing halal consumer base. So, he combined these two strategic directions with the aim of taking trendy fast casual restaurant concepts from America, adapting them for the halal consumer, and launching them here in Asia - starting with Singapore

THE RESTAURANT RENAISSANCE MAN Moe Ibrahim's background is anything but conventional; but one personality trait ties it all together - his love of rolling up his sleeves and getting into the mix. At the young age of 13, he worked in supermarkets, call centres, and eventually restaurants - anyplace that would hire someone so young. Although he later graduated college with a degree in Biology, his first job was as a financial analyst on Wall Street. His speciality: investing in bankrupt companies! At 24, he moved to Singapore to establish a presence for his investment bank. In a few years, he set off on his own to blaze a trail as an award-winning entrepreneur. He has since won multiple awards in finance and hospitality and has started and sold six companies over the past two decades (including a 500-room Indonesian resort, a Singapore ferry business, an online travel agency and a Philippine biodiesel plant). To prepare for his next adventure, Moe Ibrahim enrolled at Harvard. He developed the idea for Deelish Brands during his time in the classroom. It's no surprise therefore, that in just a few short years, he has grown the Deelish Brands portfolio to eight locations and has been recognized as a leader in Singapore's halal fast-casual restaurant scene.

FAST TRACTION In 2018, Deelish Brands launched its first two restaurants within two weeks of each another. Fatburger Singapore burst onto the scene with a tremendous consumer response, propelling it to be the leading halal fast casual burger chain in Singapore - a position it has held since. While other competitors have since followed in their footsteps, Fatburger's distinction as a halal certified chain gives it a competitive edge.

Despite the pressures of Covid, Deelish Brands has opened six new locations during the pandemic - bringing the group total to eight. This includes several new first-to-market brands. In addition to Fatburger, Deelish Brands is the master franchisee in Singapore for 800 Degrees Woodfired Kitchen and Blimpie. Both are established American brands with strong customer followings.

INNOVATION '"In business, your only competitive advantage is the speed at which you innovate," says Moe Ibrahim. Last year, Deelish Brands launched its first original concept, Buttrmilk, which is dedicated to everything fried chicken and waffles. The direction for this brand is halal comfort food and it works as either a brick-and-mortar or a virtual concept. Deelish Brands intends to start franchising the Buttrmilk brand in 2023. The Group is also developing a portfolio of new brands, as it innovates its kitchen designs even further. Moe believes customer behaviour has permanently changed, in part due to the pandemic, and in part, due to technology. “Restaurants today not only compete with their neighbours for business, but with online delivery apps. One app gives customers thousands of choices. Restaurants need to find ways to evolve to stay profitable.” Moving forward, Deelish Brands will be launching multi-concept locations with an emphasis on cloud kitchens. The premise is to use the same kitchen to cook multiple brands. Deelish Brands believes a single kitchen can serve up to ten different brands, so long as it is designed efficiently. In anticipation of launching its second multi-concept location later this year, the group is busy developing a portfolio of original concepts.

Cover Story 封面故事

THE FUTURE Deelish Brands is now wrapping up its pre-Series A fundraising round, having raised about S$2 million of fresh capital. The cash will enable it to expand its footprint further in Singapore and to launch cloud kitchens regionally, starting with Indonesia and Thailand. Later this year, it expects to launch a larger Series A round with the goal of reaching over 50 points-of-presence by end of 2023. Moreover, Deelish Brands’ technology platform, codenamed RMS, has started generating revenue by providing much needed tech solutions to independent restaurants in Singapore. The plan is to launch RMS as a SaaS platform by 2023. While the group is not looking for franchisees at the moment, it is definitely open to collaboration, acquisition opportunities and new investors. “The financial and personal toll of setting up a new restaurant today is incredibly high. Instead, prospective franchisees should invest in an existing business experiencing strong growth. It’s a much smarter way to make money,” explains Moe Ibrahim. A hands-on CEO, Moe Ibrahim is always available for a chat. He can be reached at moe@themozaic.com.

Jan-Mar 2022

神速发展

2018年，Deelish Brands在两周内相继推出了首两家餐馆。 Fatburger Singapore反应热烈，一炮而红，成为新加坡领先的清真休闲快餐汉堡连锁品牌，并且一直保持这一地位。虽然其他竞争对手也纷纷效仿，但Fatburger拥有清真认证，更具竞争优势。冠病疫情的压力下，Deelish Brands逆流而上，在这期间开设了六个新地点，使集团总数达到八个，包括几个市场上的首发品牌。除了Fatburger, Deelish Brands 也成为800 Degrees Woodfired Kitchen和Blimpie在新加坡的特许经营商。两者都是美国知名品牌，拥有强大客户群。

革新

Moe说： “商业竞争里唯一的优势，就是创新速度。 ”去年，Deelish Brands推出第一个原创概念Buttrmilk，主打炸鸡和华夫饼。这个品牌的方针是清真暖心食品，可作为实体店，也可以作为网上概念。Deelish Brands 计划于2023 年开始特许经营 Buttrmilk品牌。集团也在开发一系列新品牌，进一步改革厨房设计。 Moe认为，客户行为已出现永久性的变化，部分是因为疫情，部分是由于科技发展。 “今天的餐馆不只要与邻近餐饮店竞争，还需与网络订餐平台竞争。仅仅一个应用程序便能为客户提供数以千计的选择。餐馆必须变化出更好的方案以保持盈利。 ”展望未来，Deelish Brands 将推出以云端厨房为重点的多元概念店面。前提是使用同一个厨房为多个品牌烹饪。 Deelish Brands相信，只要设计高效，一个厨房也可容纳十个不同的品牌。为迎接将在今年较迟时候推出的第二个多元概念地点，集团正忙于开发一系列原创概念。

Deelish Brands. 一家餐饮多品牌企业

经验丰富的企业家Moe Ibrahim于2017年底创立Deelish Brands，满怀雄心壮志。他觉得，新加坡餐饮市场有两个显著领域被忽视了。首先, 休闲式快餐概念在世界其他地区发展迅速，但尚未完全渗透新加坡。其次，快速增长的清真消费群的餐饮选择有限。因此，他结合这两个战略方向，旨在把美国流行的休闲快餐概念，带给亚洲的清真消费者，并且以新加坡为起点。

餐饮复兴推手

Moe brahim的出身背景颠覆传统，但他有一个性格特质—— 喜欢卷起衣袖，亲身参与。13岁起已经在超市、客服中心、餐馆，以及任何愿意聘请少年员工的地点工作。虽然他后来考取生物学学位毕业，但他的第一份工作是华尔街的金融分析师。他的专长：投资破产公司！24岁，Moe移居新加坡，为投资银行设立办事处。几年后自立门户，成为屡获殊荣的企业家。此后，他在金融和酒店业获得了多个奖项，并在过去二十年中创办并出售了六家公司(包括一家拥有500间客房的印度尼西亚度假村、一家新加坡渡轮公司、一家网上旅行社和一家菲律宾生物柴油工厂)。为下一番事业做准备，Moe Ibrahim报读哈佛大学，在课堂上提出了Deelish Brands的想法。接下来的短短数年内，他将Deelish Brands的投资组合扩大到八个地点，被公认为新加坡清真休闲快餐领域的领导者。

未来

Deelish Brands现已完成Pre-Series A轮融资，筹集了约 200万新元的新资金。这笔现金将使集团能够进一步在新加坡扩大足迹，并且在本区域推出云端厨房，从印度尼西亚和泰国开始。今年晚些时候，集团预计将启动更大的A轮融资，目标是到2023年底达到超过50个入网点。此外，Deelish Brands的技术平台（代号RMS），为新加坡的独立餐馆提供急需的技术解决方案，已开始创造收入，并计划在2023年之前，将RMS作为SaaS平台推出。虽然该集团目前不打算寻找加盟商，但它对合作、收购机会和新投资者持开放态度。 Moe 解释： “如今开设新餐馆的财务和个人的承担的义务非常高。潜在的加盟商应该投资于正在强劲增长的现有业务。这是一种更聪明的赚钱方式。”身体力行的总裁，随时乐意与你联络。电邮：moe@themozaic.com。

News Station 消息站

Jan-Mar 2022

total number of 63 exhibitors presenting close to 80 franchise brands hailing from Singapore, South Korea, Japan, Malaysia, Indonesia, Taiwan, Spain and Australia took part in the 2021 Franchising & Licensing Asia event. The 2-day event kicked off online on Thursday (Nov 25). The participating brands came from the food and beverage, education, retail, wellness and professional services industries that are keen to enter or grow their presence in Asian markets. This would be the second year that it is being held online. The event attracted close to 5000 visitors, with close to 2000 from 40 nations. 50 speakers across 15 keynote and panel sessions kept the 2-day event exciting and rewarding. Speakers that contributed their knowledge and shared their insights include famous brands like Subway, Signarama, Commune, Creative Eateries, Jumbo, TungLok, Kinderworld, My Gym, Brotzeit, Bynd Artisan, MindChamps, Helen O’Grady, Revenue Valley, etc. Professional business advisors and lawyers also deep-dived into opportunities in markets such as Vietnam, Malaysia, and the Gulf Cooperation Council region.

来

自新加坡,韩国,日本,马来西亚,印度尼西亚,台湾,西班牙和澳大利亚的近80个特许经营品牌的63家参展商参加了 2021亚洲特许经营 FLAsia展览. 为期2天的活动于周四(11月25日)在网上拉开帷幕.参与品牌来自食品和饮料,教育,零售,健康和专业服务行业,这些行业渴望进入或扩大其在亚洲市场的影响力.这将FLAsia第二年在网上举行。

该活动吸引了近5000名参与者,其中近2000名来自40个国家.另外,15场主题演讲和小组会议的50位演讲者使为期2天的活动令人兴奋和收获颇丰.贡献知识和分享见解的演讲者包括著名品牌,如 Subway, Signarama,Commune, Creative Eateries,Jumbo,TungLok,Kinderworld, MindChamps,My Gym, Brotzeit, Bynd Artisan, Helen O’Grady,Revenue Valley 等.专业的商业顾问以及律师还深入探讨了越南,马来西亚和海湾合作委员会地区等市场的商业机会。

“FLAsia 2021是寻求在本地，区域和国际扩张的企业协会理事长Andrew Khoo说.欲知更多详 "FLAsia 2021 is a great platform for businesses looking to 的绝佳平台” 情请联系info@flasingapore.org expand locally, regionally and internationally," said Andrew Khoo, president of FLA Singapore. https://www.facebook. com/FranchiseLicenseAsia info@flasingapore.org

Jan-Mar 2022

Will Lush’s Decision to Deactivate Social Media Pay Off?

hutting down social media accounts is a risky move for any retailer, especially one that markets products to younger consumers glued to the endless scroll. But Lush cosmetics company CEO Mark Constantine doesn’t care about the cost. The chain best known for its colourful, cruelty-free bath bombs switched off Facebook, Instagram, Snapchat, and TikTok on Black Friday, saying the platforms are ignoring the mental health threat they pose to teenage users. With more than 10 million followers just on Facebook and Instagram, Lush stands to lose significant sales by going dark on those channels. Yet Constantine told The Guardian he’s “happy to lose £$10 million” if it draws attention to the need for stronger protections online. “We’re talking about suicide here, not spots or whether someone should dye their hair blonde. How could we possibly suggest we’re a caring business if we look at that and don’t care?”It’s a bold decision, but Wharton marketing lecturer Annie Wilson thinks it could pay off for Lush. She said retail is saturated with counterfeit claims of health and wellness,

Business Insights 学者专栏

while Constantine’s approach seems sincere. In a statement, Lush compared social media to “a dark and dangerous alleyway” they wouldn’t ask their customers to enter. “This move signals a very apparent, genuine dedication to wellness, rather than just an interest in selling artificial or hollow images of wellness,” Wilson said. She said the announcement also aligns with Lush’s brand image as an ethical, charitable, sustainable company. Still, she added, Constantine is taking a big risk by turning off social. “There could be positive effects on short-term loyalty and brand engagement, but it will be interesting to see the long-term effect on acquiring new consumers in the future,” Wilson said on a segment of Wharton Business Daily on SiriusXM.

10 Business Insights 学者专栏

That’s because it’s hard to observe and measure the absence of consumer behaviour. It’s also hard to predict whether consumers will follow Lush’s lead away from social media accounts. Pressure is mounting for regulation of these platforms, particularly after whistleblower Frances Haugen revealed that Facebook’s internal research found Instagram worsens thoughts of suicide and eating disorders in teen girls. But Wilson said it will take a lot more than just Lush to push social media platforms into changing their policies. “I also think this depends a lot on whether this moves consumer behaviour at all,” she said. “If Lush does this and other companies follow suit [but] consumers stay on the platforms, then that’s still the best way to reach them and financially beneficial to companies.” Lush likely won’t be the last business to deactivate its social media accounts. Wilson said there is a trend for companies to “take power back” from the platforms. She expects other companies will do the same or figure out alternate ways to wrest control away from social media algorithms.

Breaking Up Is Hard to Do Lush has sworn off social media before, but this breakup may be for good. In 2019, the company said it would quit posting. Then the pandemic arrived, and it returned to social media as an effective tool to reach customers. Chief digital officer Jack Constantine, who is the son of Mark Constantine, told The Guardian that the failed effort is proof that social media is just as addictive for companies as it is for individuals. He said this time is for real, although Lush will continue using Twitter, Pinterest, LinkedIn, and YouTube.

Jan-Mar 2022

“What will be challenging for them is whether it smells a little bit like a PR stunt for a lot of consumers,” Wilson noted. “They’re very adamant that this is not a PR stunt. This is not entirely unprecedented for them, and they seem very committed to staying off these social media platforms this time.” Wilson also commended Constantine for a strong demonstration of brand purpose. His announcement captioned the company’s position, communicated the action it will take, and indicated sustained effort toward the goal. “Mark being on the forefront of this messaging is extremely important from the captioning perspective — that this is a top-down decision, and we are going to get everybody behind it in the organisation,” Wilson said. “I think that adds a lot to the authenticity and the integration of the move into the brand values.”

News Station 消息站

Jan-Mar 2022

n 17th January 2022 morning, close to 100 business leaders congregated at the Grand Ballroom, JW Marriott Hotel Singapore South Beach. This iconic ballroom features a unique 10-meter high pillarless design, with an impressive 11,520-light installation which adorns the high arched ceiling befits the occasion… Organised by non-profit organisation IPOS (Intellectual Property Office of Singapore) Society and International IP Commercialisation Council Singapore (IIPCC Singapore ), Brands for Good, since 2018, is a recognition programme that supports businesses that have successfully used their intellectual property in the form of patents, business processes or business models to create a positive impact in the workplace, the community and the environment. Brands for Good's main sponsors this year are Maybank, Eversheds Harry Elias, Sansan Global, all of which are champions of corporate social responsibility in their own right. Brands For Good is supported by Enterprise SG Society, Singapore International Chamber of Commerce (SICC), Family Business Network (FBN), People's Association (PA) Project We Care and many others.

Jan-Mar 2022

This year’s winners are Oceanus Group (Champion. Peter Koh, Group CEO) AIA Singapore (Champion. Wong Sze Keed CEO) BR Metals (Distinction) Fashion Clinic (Distinction) DTC World (Distinction) Fortis Law (Distinction) Funding Societies (Distinction) IFPAS (Distinction); Sequoia Group (Distinction) Seoul Garden Group (Distinction) The Saturday Movement (Distinction) World Toilet Organization (Distinction) World Paradise Farm (Distinction) Activecool (Honouree) ALR Technologies (Honouree) Biophilic (Honouree) Brooklynz Stainless Steel (Honouree) Farquhar (Honouree) Food Playground (Honouree) Give Please (Honouree) Goshen Art Gallery (Honouree) Inclus (Honouree) JR Life Sciences (Honouree) LDR (Honouree) LHT Holdings (Honouree) My NonNNa’s (Honouree) Nabcore(Honouree) Nexia TS (Honouree) Rev 22 (Honouree) SSIVIX (Honouree) The Peranakan (Honouree) Venturer Group Corporate Solutions (Honouree) Watch Water (Honouree) Food Empire (Honouree) Asiawide Franchise Consultants (Honouree)

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14 Business Insights 学者专栏

SINGAPORE’S COPYRIGHT ACT 2021 AND FRANCHISING

Jan-Mar 2022

Retaining a right may be necessary for quality control of the products. Before discussing the role of copyright, we need to first define franchising, its relationship with IP, followed by a clear understanding of copyright, before discussing their inter-relationship with franchising.

By George Hwang of George Hwang LLC

FRANCHISING & IP

hilst the lack of impact by Copyright Act 2021 may be due to the small role copyright has in a franchise relationship, the reason for copyright’s limited role may not be an accident. In the commercialization of Intellectual Property, we need to be astute in what to license and how to license. Often, we should only license what is necessary. This is one way to protect your business interests, be it the quality of the products or the leakage of your know-how.

Franchising is basically IP licensing. The owner of the IP retains ownership and reaps bears the fruits of its exploitation, by allowing others (licensees and/ or franchisees) to use their IP.

This article attempts to examine copyright and Singapore’s Copyright Act 2021 in franchising from this angle. Franchising as a business model is heavily dependent on Intellectual Property (“IP”). Therefore, when Singapore’s Parliament passed the Copyright Act 2021 on 13 Sep 2021, many wonder if it affects their business. The answer is clear. For the franchise relationship, not much. However, if you are in the retail or food and beverage business, and if you are playing music in your shop or restaurant, then, you need to obtain a license for the use of the sound recordings. This is because of the new rights granted. It means an additional expenditure for your business. To start with, in the relationship between a franchisor and their franchisee, cop yright plays a small role, even where the business is heavily reliant on copyright e.g., merchandising, education and fashion. Where the manual for operation is 50% of the soul of the franchise e.g., in a fast-food chain, copyright in the operations manual seldom features in the IP licensing clause of the franchise agreement. Therefore, the Copyright Act 2021 has little impact on the franchise relationship. However, this may not mean the lack of importance of copyright in the business. It could be a reflection of the franchisor’s IP management policy. Different IP protect different things. We only license those which should be licensed.

According to the World Intellectual Property Office’s (WIPO) publication on franchising, there are a few types of franchises. The most popular, and also the one we are most familiar with is Business Format Franchising. The others include product distribution and manufacturing franchises, etc. We shall concentrate on Business Format Franchising in this article. The importance of franchising is revealed in a study conducted by the Franchising & Licensing Association, Singapore (FLA) in 2016/17. It has been found that 60% of Singapore’s retail businesses are franchises.In a 2014 report, WIPO found that Asia leads the field in the number of franchising establishments, whilst the growth in Asia-Pacific between 1987 and 2005 grew from USD20 to USD222 million. Even if the growth is slowly down, we are still seeing new brands in the market. If you are a franchisee, the two important things which a franchise can offer you are: 1. Goodwill ; and 2. Management know-how. Goodwill is legally defined in a nebulous form. It is the factor which brings in the custom. From the business perspective, we measure the strength of the brand from its track record in the industry, Goodwill or reputation of the franchisor almost guarantees a ready market. Management knowhow imparted from the franchisor to the franchisee through initial training will cut short a franchisee’s learning curve and minimizes costly mistakes.

Jan-Mar 2022

The franchisor’s registered trademarks protect the goodwill of their brand in the sense that it will prevent them from being unlawfully used by others. In Common Law countries, there is also the law of passing off. The law of passing off protects the goodwill of a business . In brief, the law of passingoff is the common law partner of registered trade mark. A full explanation of the differences between the two and their nuances is outside the purview of this article, except to say that a registered trade marks under the Trade Marks Act grants the owner a statutory right. This allows the owner of a registered trade mark to sue an infringer without the need to prove that his brand has accumulated goodwill within the jurisdiction concerned. The franchisor’s management know-how is protected by the law of Confidential Information. Confidential Information means any protectable information disclosed by one party to another party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including, without limitation, documents, prototypes, samples, plant and equipment). Its booster comes in the form of anti-competition clauses in the franchise agreement. Copyright protects neither of these directly. It could exist in the operations manual created. However, the important thing in the operations manual is the information rather than its expression. Therefore, the law of protecting Confidential Information is the one which is directly relevant.

Business Insights 学者专栏

Story, which was directed by Steven Spielberg, with the film’s music composed by Leonard Bernstein. Bernstein took the concept from Shakespeare’s “Romeo and Juliet”. Assuming that copyright in Romeo and Juliet still subsists when Bernstein wrote the songs , Shakespeare would not be able to sue Bernstein. This is because Bernstein only took the idea of young love and feuding families from Shakespeare. Nothing in the script nor the songs in West Side Story is similar to Romeo & Juliet. If one is to define copyright, it is the right to restrict others from doing certain acts. This right is not confined to copying. In layman’s terms, it includes rights against public performance, broadcasting, streaming, translating and other forms of adaptation. Sometimes it could include renting, depending on the works which we involved . When examining these rights, we must bear in mind the types of works which are involved. Different works have different rights. Basically, they are categorized into creative and entrepreneurial works. Creative works are usually owned by the creators when they are created. They are literary, musical and artistic works. Entrepreneurial works are usually first owned by producers. These include sound recordings and films. Not all works have the same rights. Whilst the old Act has separated creative and entrepreneurial works into different parts in the statute, naming the entrepreneurial works as “Subject Matter”, the Copyright Act 2021 has merged them. They are all called “works”. However, creative works are now “authorial works”. This reflects the creation process. The creation of entrepreneurial works often requires a team of talents e.g., making a sound recording or a video.

COPYRIGHT Copyright protects expression and not the idea. It is the form and not the substance which is protected by copyright. This concept is known as the ideaexpression dichotomy. An example will be the American musical romantic drama film West Side

16 Business Insights 学者专栏

Jan-Mar 2022

FRANCHISING AND QUALITY CONTROL We all agree that it is important for the franchisor to maintain uniformity in the products sold or services supplied by its franchisees. This is done through quality control. Being assured of the same quality is why people/consumers go to the same brand. Illustration: I may not like the taste of Hamburger X but I will still patronize one in Varna, Bulgaria, as I am assured of certain kitchen hygiene which my sensitive Singaporean stomach needs. The best means to control quality is to make the product yourself. By controlling the source or origin of the products, this work is made much easier. Whilst the franchisor’s trademark and management know-how are IP which the franchisee must use is entitled to use, the same cannot be said of copyright. Copyright is often embedded in the products to be sold by the franchisee. Therefore, a franchisor may decide to produce them and sell them to the franchisee. Let us examine some of the copyright-rich businesses which have adopted franchising as a business model. They include education and fashion. We will not be discussing niche franchises which rely heavily on sound branding, such as, Ministry of Sound and Café del Mar.

In the education franchise business, the method of teaching, the curricular and the contents being taught are integral to the service which the end consumer will purchase. If the franchisor sells the books used by the students themselves, not only is it an additional source of income in addition to the royalties, it also helps to ensure quality. Providing copies of guidebooks to the franchisee is yet another level of checks and controls. It can also assist the franchisor in monitoring the growth of the franchisee’s business or detect potential leaks of its teaching system and know-how. If a franchisee is constantly buying teacher guidebooks, either it is having more students or the teachers who have left are keeping the guidebooks. In the fashion franchise business, to protect the brand, the franchisee will clearly need to purchase the products from the franchisor. One hears of buyers from fashion franchisees going to Milan every year on buying trips. This makes sure that the products sold by these franchisees have the quality which the franchisor wants. Some French brands regretted licensing their trademarks for men’s shirts in the 1990s because the quality was bad. The market positioning of these brands weakened considerably. Unsurprisingly, once their contracts terminated, they were not renewed. In comparison, for a service business such as a restaurant where the product has to be produced on the spot, the franchisor provides an operation manual. Often, they contain the know-how, which may or may not be protectable by Confidential Information. Seldom does the license of Intellectual Property in a franchise agreement include the copyright of this manual. By not allowing the franchisee to copy the manual, the franchisor is protecting its know-how. It is a practical way of preventing quick replication en masse. Whilst a franchisee may carry away the know-how in his brains, it will take him sometime to recreate the manual.

Jan-Mar 2022

The other IP item in a Business Format Franchise in the retail and in the F&B businesses to consider is the design of the shop, restaurant or stall. Together, they create the so-called ambience. All we need to do is to visit cafes such as Planet Hollywood or Rainforest Café to understand its importance. Whilst the design or look of the “shop front” is the franchisor’s concept, the design has to fit in with the space of the “shop”. This requires interior designers. The interior designers are the ones who draw up the plans. The first owners of the copyright in these drawings belong to them and not the franchisor. I have not seen a franchisor which has a team of interior designers as part of its franchise management. It may be wise for a franchisor to ensure that copyright in the design of the shop or restaurant be assigned to it by the interior designer in its franchise agreement, if the franchisee is the party supposed to form a contractual relationship with the interior designer.

Business Insights 学者专栏

Those establishments which play music for patrons will now need to consider an additional license. Previously, a license from owners of sound recordings was not required. This is no longer the case. A restaurant or boutique owner who plays music in his outlet now need to obtain a license from Music Rights Singapore (MRSS), unless it is done by performers doing it “live”.

The Copyright Act 2021 is the first copyright statute which we can call our own. Singapore’s Copyright Act 1987 was forced on us on pain of US trade sanctions. Subsequent major amendments were the results of trade agreements, notably the US-Singapore FTA in 2003 and the EU-Singapore FTA. The Copyright Act 2021 took more than five years for the Ministry of Law to draft and formulate. The many amendments reported by the news media such as changes in first ownership for portraits are not relevant to a franchise relationship. However, the rights of an owner of sound recordings have been broadened from one which is transmitted to the public by digital means to include by analogue transmission.

George Hwang is the director at GEORGE HWANG LLC. The firm specialises in Intellectual Property, Information Technology, Entertainment and Media Law. It is known for its extensive work and experience in the entertainment, media, IT and engineering industries. Through a network of associates, it furnishes its clients a one-stop strategy for protection, management, commercialisation, and enforcement of IP rights, within and beyond the Southeast Asian region.

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Jan-Mar 2022

Franchising in the Time of Covid

uccess is predicated on adaptability. It is safe to say that most franchisees -and franchisors -have rarely had to adapt to the extent required by the outbreak of Covid-19. Two years in and the pandemic shows little signs of abatement and has taken a step backwards with the recent spread of the Omicron variant. In 2022, Covid-19 will continue to affect many aspects of life and business, catalyzing and cementing changes in how we communicate, collaborate, entertain, and consume. Many franchise businesses that have adapted their model, operations and strategy will thrive. New franchise concepts well-suited for the shifts in consumer behavior and operating environment are emerging and will expand into Asia, while other franchises and operators will struggle to adapt to the new landscape

Starting a Sports Entertainment Franchise in China and Southeast Asia during Covid January 2020 was the best of times and the worst of times. My partners and I had invested a lot of time and money to secure the franchise rights for Topgolf, the leading global Sports Entertainment brand (https://topgolf. com/us/), in China and were starting to build out the team, real estate pipeline and support infrastructure. We also had started and were moving rapidly with a significant fundraising. In parallel, we were just beginning to set-up a team to build Topgolf across Southeast Asia through a separate entity. We had one employee in place, who had not yet moved from Hong Kong to Singapore and had, thankfully, just finished his immersion in US venues and at the corporate office. All the ensuing changes stemming from Covid forced a whole new approach for how we would build, capitalize, and manage these nascent businesses – from afar as travel was clearly going to be limited for a time. Who could have guessed two years and counting? Yet, it was the best of times as we had rights to an excellent franchise concept ripe for Asia, had good people on the ground and did not have to shut down venues and furlough large teams, as our franchisor had to do. But we and our small teams in each region still had a massive task in front of us and faced the inherent risk that the franchisor would have to re-think the international business in the midst of such a crisis. So, what did we do? What learnings can be offered to new or young franchisees in a period of extreme change? And where do we go from here? As of the end of December 2021, we have opened one venue in Shanghai (smaller, indoor concept called the Lounge by Topgolf), are under construction on large-scale

outdoor venues in Thailand and China, have excellent teams and pipelines in place in both regions, an excellent relationship with the Franchisor, have capitalized the businesses and feel very confident about the road ahead. Below are some of the challenges and overcoming factors that helped us get from January 2020 to January 2022: ● The right concept and franchisor: Topgolf is an

excellent brand and concept which really fits the trends across Asia and offers a robust business model. The right brand and concept helped tremendously with recruiting talent, raising capital, attracting the attention of landlords, developers and government officials. And, Topgolf has an excellent team and culture, which have benefitted us greatly. In-spite of the immense challenge of losing all revenue through extended closures in the US and UK, they never wavered in their support of the international business and franchise partners. We also had invaluable learnings from Topgolf and other franchise partners in Australia, Mexico, Europe and the Middle East regarding how they adapted their operations, offerings, marketing and teams as lockdowns ended and venues could re-open.

● Good partners -- adapting quickly and collaborating

closely. My partners (JLM Financial Partners and Tony Hwang of the Parkview Group in Hong Kong) and I were able to leverage diverse global franchising experiences and perspectives to adapt and find new ways to work and communicate together and with our teams across the ocean. We decided that two of us on the board would go very deep working day to day virtually with our rapidly expanding teams, Topgolf and other stakeholders. This meant constant early morning and late-night Zoom and We-Chat calls for all.

Jan-Mar 2022

- Virtual Team building is hard; its critical you have the right leaders Building a team remotely is tough. We made mistakes along the way, but ultimately were able to get the right Managing Directors and senior leaders in place. When you cannot be there in person, it is especially tough to really understand team dynamics and culture. It is critical to have seasoned, highly adaptable and very trustworthy leaders in place, who can communicate well up and down. This may mean re-prioritizing the job criteria, recruiting differently and thinking outside of the box, all of which we had to do for some key positions. This will likely remain a constant for years to come, especially with rapidly changing labor markets and priorities for employees of all levels.

● Real Estate pipeline and decisions – -site unseen.

In Southeast Asia due to travel restrictions across and into the region, we have had to build a venue pipeline and secure our first venue in Bangkok, with very limited eyes and feet on the ground. To do this, we had to rely heavily on good real estate brokers and good data and visuals assembled by them and our internal teams. Luckily, our 2nd hire was the head of real estate and, in-spite of travel restrictions, he and our MD did an excellent job educating themselves, the board and the franchisor on the sites and were able to effectively negotiate with landlords virtually, which required abundant patience and relationship / trust building via zoom calls. Not easy.

● Dealing with labor-shortages and supply chain issues: Just as most franchise businesses, we have been impacted by labor and supply chain issues in China and Southeast Asia, even though we are only operating one unit today in Shanghai. We have had extended construction stoppages tied to labor shortages and have been working very hard in market and with our franchisor to secure as much local sourcing as possible and to order the items which must be imported from the US as early as possible. Despite our franchisor’s own supply chain challenges in the US and other international markets, they continue to work closely with us on finding solutions and supporting our local sourcing efforts.

The right mindset – at the end of the day, you have to believe. You have to believe in your concept, your team, your partners, your franchisor and believe that the status quo is not permanent.

Business Insights 学者专栏 21 Even in the darkest days you have to believe that things will get better and accept that some things cannot be controlled. Relationship building, communication and decision making: Although we have made mistakes, learned and adapted along the way, we continued to focus heavily on relationship building (with our franchisor, our investors, our teams, etc.) in-spite of having to communicate virtually. We continually work on improving our communication with local teams as reliance on calls, Zoom, We-chat and emails is simply hard and exhausting. Stream-lining our Board communications and decision-making via sub-committees and two lead directors has helped significantly, as has empowering our management teams and having the right leaders in place. As we look ahead, there are some clear Covid-induced or accelerated changes and trends which will continue impacting many franchise businesses across Asia. A heightened focus on health and wellness is here to stay and will accelerate consumer demand for “better for you” and sustainable options. Another lasting change from the pandemic is the impact on travel, especially business travel which may never return to the pre-Covid levels. Tourism is critical to many south-east Asian economies and its recovery is paramount to hospitality, entertainment and many F&B businesses. The Omicron variant is showing that the increasing vaccination rates do not make industries and travel immune from the Covid impact. Tourism in Southeast Asia is not expected to return to pre-pandemic levels for another 3 or 4 years. One implication for many franchise businesses is the need to focus even more on local relevance and catering to the local population and domestic tourists. This may mean further menu changes, pricing adjustments, marketing tactics and will almost surely include the need to work with the franchisor and educate them on the need for more localization within the guardrails of the global brand. Looking ahead for our two Topgolf businesses in 2022 which will both shift into full operations with the opening of large-scale entertainment venues, we are focused on: securing great talent and overcoming barriers to train in the US and ensuring that our f&b menu, design elements, offerings and messaging are adequately localized and catering to our local target consumers. We are optimistic about the road ahead and determined to learn from others and remain nimble and adaptable.

22 Business Insights 学者专栏

成

Jan-Mar 2022

功取决于适应.可以肯定地说,大多数加盟商——以及特许人——很少需要适应冠状病毒疫情爆发所需的程度.两年过去了,冠状病毒疫情开始显示出明显减弱的迹象,但是随着最近奥密克戎变异株的传播而倒退了一步.到 2022年,冠状病毒疫情将继续影响生活和商业的许多方面, 促使我们交流,协作,娱乐和消费方式的变化.许多已调整其模式,运营和战略的特许经营企业将蓬勃发展.非常适合消费者行为和经营环境变化的新特许经营概念正在出现并将扩展到亚洲,而其他特许经营商和运营商将难以适应新的格局。

在冠状病毒疫情期间在中国和东南亚开设体育娱乐特许经营权

我和我的合作伙伴投入了大量时间和金钱来获得全球领先的体育娱乐品牌Topgolf在中国的特许经营权,并开始组建团队,房地产管道和支持基础设施.我们也已经开始并正在迅速筹集大量资金.与此同时,我们刚刚开始组建一个团队,通过一个单独的实体在东南亚建立Topgolf.我们有一名员工,他还没有从香港搬到新加坡,谢天谢地,他刚刚完成了在美国场馆和公司办公室的沉浸式体验.疫情带来的所有随之发生的变化迫使我们采取全新的方法来建立,利用和管理这些新兴业务——因为旅行显然将在一段时间内受到限制—这状况已经持续两年.

.然而,我们算是辛运的啦,因为我们拥有适合亚洲成熟的优秀特许经营理念,拥有优秀的员工,并且不必像我们的特许人那样关闭场地和让许多员工休假.但是我们和我们在每个地区的小团队仍然面临着艰巨的任务,并且面临着特许人必须在这样的危机中重新思考国际业务的固有风险.那么,我们做了些什么?在极端变化的时期,我们可以向新的或年轻的加盟商提供哪些学习经验?我们从这里往哪里去？截至2021年12月底,我们在上海开设了一个场馆(较小的室内概念,称之为The Lounge by Topgolf),也正在泰国和中国的大型户外场馆建设中,在这两个地方都拥有优秀的团队和管道地区,与特许人的良好关系,已经资本化了业务并对未来的道路充满信心.以下是帮助我们从2020年1月到2022年1月的一些挑战和克服因素：

• 正确的理念和特许经营商/品牌:Topgolf 是一个优秀的品牌和理念,它真正契合亚洲的趋势,并提供了稳健的商业模式.正确的品牌和概念对招聘人才,筹集资金,吸引房东,开发商和政府官员的关注大有帮助.而且,Topgolf拥有优秀的团队和文化,这让我们受益匪浅.尽管他们因美国和英国的延长关闭而损失惨重,但他们对国际业务和特许经营合作伙伴的支持从未动摇.我们还从Topgolf和位于澳大利亚,墨西哥,欧洲和中东的其他特许经营合作伙伴那里学到了宝贵的经验, 了解他们如何在封锁结束和场地重新开放时调整其运营,产品,营销和团队. • 优质生意伙伴——快速适应并密切合作.我的合作伙伴JLM Financial Partners以及香港的侨福(Parkview) 休闲娱乐有限公司黄德华先生Tony Hwang和我能够利用多样化的全球特许经营经验和观点来适应和寻找新的工作和沟通方式.加上和其他利益相关者一起进行非常深入的日常工作，这意味着所有的人都会在清晨和深夜不断地进行线上Zoom讨论和微信呼叫。

虚拟团队建设很难；关键是要有合适的领导者.我们一路上犯了错误,但最终能够让合适的董事总经理和高级领导就位.当您无法亲自到场时,要真正了解团队动态和文化尤其困难.拥有经验丰富,适应性强且非常值得信赖的领导者至关重要.该董事总经理必须具备良好沟通能力.这可能意味着重新确定工作标准的优先级,以不同的方式招聘和跳出框框思考…这安排可能会在未来几年保持不变,尤其是在劳动力市场和各级员工的优先事项迅速变化的情况下。

• 房地产渠道和决策——无法亲眼考察现场.在东南亚, 由于穿越和进入该地区的旅行限制,我们不得不白中选一,确保我们在曼谷的第一个场地是最好的.为此,我们不得不严重依赖优秀的房地产经纪人以及他们和我们的内部团队收集的良好数据和视觉效果.幸运的是, 我们的第二个雇员是房地产主管,尽管有旅行限制,但他还是能够有效地与房东进行虚拟谈判,这需要足够的耐心和通过缩放调用建立关系/信任

Jan-Mar 2022

Business Insights 学者专栏

•处理劳动力短缺和供应链问题:正如大多数特许经营企业一样,我们在中国和东南亚也受到劳动力和供应链问题的影响,尽管我们今天在上海只经营一个单位.由于劳动力短缺,我们已经延长了施工停工期,并一直在市场上努力工作,并与我们的特许经营商合作,以确保尽可能多的本地采购,并尽早订购必须从美国进口的物品.尽管我们的特许人自身在美国和其他国际市场面临供应链挑战,但他们继续与我们密切合作,寻找解决方案并支持我们的本地采购工作. • 正确的心态——归根结底,你必须要有自信.你必须相信你的理念,你的团队,你的合作伙伴,你的特许人,并相信现状不是永久的.即使在最黑暗的日子里,你也必须相信事情会变得更好,并接受有些事情是无法控制的. • 关系建立,沟通和决策:虽然我们在此过程中犯过错误,但我们继续高度关注建立关系(与我们的特许人, 我们的投资者,我们的团队等),尽管采用的是虚拟观点.我们不断努力改善与当地团队的沟通,因为依赖电话,Zoom,微信和电子邮件是非常困难和令人筋疲力尽的.通过小组委员会和两名首席董事简化我们的董事会沟通和决策,这有很大帮助.授权我们的管理团队并拥有合适的领导者也有很大帮助。

疫情带来的一个根本而持久的变化是对旅行的影响, 尤其是商务旅行.它可能永远无法恢复到疫情前水平.旅游业对许多东南亚经济体尤其重要.其复苏对酒店业,娱乐业和许多餐饮企业至关重要.我预计该地区的旅游业在未来3或4年内不会恢复到疫情前的水平.对于许多特许经营企业而言,其中一个含义是需要更加关注当地相关性并迎合当地人口和国内游客.这可能意味着进一步的菜单更改,定价调整,营销策略,并且几乎肯定包括需要与特许人合作并教育特许人在全球进行更多本地化的必要性。

Joe Canterbury is a seasoned international franchising leader with vast entrepreneurial and executive experience as a franchisee and franchisor (Starbucks International). He is the founder of Chaucer Global Investments & Advisory (http:// www.chaucerglobal.com/) and co-founder of Sports Entertainment Asia, Ltd (Topgolf China) and TG SEA Development (Topgolf Southeast Asia), as well as co-founder of FastMed China, the franchisee of the largest US based Primary + Urgent Care chain. 投稿人Joe Canterbury 是一位经验丰富的国际特许经营领导者.作为加盟商和曾经当过特许经营商星巴克国际的高级经理,他拥有丰富的创业和执行经验.他是乔叟全球投资与咨询公司 (http://www. chaucerglobal.com)的创始人,也是亚洲体育娱乐有限公司(Topgolf 中国)和TG SEA Development(Topgolf 东南亚)的联合创始人,以及美国最大的 Primary + Urgent Care 连锁店的特许经营商-- FastMed China的创始人.

24 Business Insights 学者专栏

Jan-Mar 2022

Virtual trademarks and the Metaverse: where does IP fit into all of this? By Aaron Thng & Christine Saw (Amica Law LLC)

y now, you’ve probably heard the news of Facebook (the company) rebranding to Meta Platforms. Following the move, the internet was flooded with “Meta” jokes, with many big brands jumping on the opportunity to take a jab or two at Facebook. Fast-food chain Wendy tweeted “Changing name to Meat”, while Twitter joked “BIG NEWS lol jk still Twitter”. CEO Mark Zuckerberg explained that the change was part of Facebook’s plan to pivot its services towards the ‘metaverse’ which it intends to invest at least $10 billion into this year. Shortly after, news broke that Nike too had set its sights on the ‘metaverse’ by filing a suite of trademark applications around the world (including Singapore) for virtual goods and services, such as “downloadable virtual goods” in Class 9 and “retail store services featuring virtual goods” in Class 35.

The ‘metaverse’

So what exactly is the ‘metaverse’ and why are these big brands scrambling to be a part of it? The ‘metaverse’ is slated to be the next iteration of the internet. It is not clear how exactly the ‘metaverse’ will look like, but common definitions include a digital ecosystem that “blends actual and virtual realities in realtime” that is set to become “a highly influential platform for social interactions, cultural properties, and economic exchanges”. In simple terms, the ‘metaverse’ is a virtual universe where people can interact with each other in different ways, similar to that in the science fiction novel/ film Ready Player One or popular videogame Fortnite. Mark Zuckerberg described the ‘metaverse’ as “an embodied internet that you’re inside of, rather than just looking at”. In practical terms, the ‘metaverse’ means that users will be able to live in a virtual space using their own avatars and participate in a digital and virtual economy. At present, it is already possible to purchase virtual Gucci goods to dress up your avatars on online gaming platform Roblox, or watch Ariana Grande perform live on Fortnite. In time, we will be able to attend office meetings using 3D avatars in a virtual office space or grab a coffee with a friend in a virtual café. Naturally, the onset of the ‘metaverse’ will have huge implications for intellectual property (“IP”) rights, a few of which are discussed below.

Virtual trademarks In the ‘metaverse’, participants will be able to purchase, wear, and touch branded products. Hence, big brands and emerging companies intending to delve into the ‘metaverse’ will need to consider how to best protect their virtual goods and services. Do brands that have already trade marked their goods in the real world need to apply separately to trademark their downloadable virtual goods as well? If the virtual goods in question are items of clothing, then it might be argued that trademark registrations that cover “online retail sales” already sufficiently protect these virtual goods. However, this might not be the case for B2B transactions, or other items like downloadable software that are unlikely to fall under “online retail sales”. It remains to be seen how a Court will rule on this issue, but most brands are not keen on taking chances. A popular strategy is to file trademarks to specifically protect virtual goods and services (i.e., virtual trademarks). Following Nike’s foray into virtual trademarks, a fellow Nike-owned company, Converse, filed several trademark applications in Classes 9, 35, and 41 for, among other things, downloadable virtual goods and retail store services featuring virtual goods. Similarly, Abercrombie and Fitch filed applications for its logos, including its “Hollister” brand, in Class 35 for “retail store services featuring virtual goods”, while cosmetics company Bobbi Brown filed applications in Class 9 for “non-fungible tokens” and 42 for “on-line non-downloadable virtual goods”. Closer to our side of the globe, e-commerce giant Alibaba Group holdings recently filed trademark applications for the Chinese terms for “Ali Metaverse”, “Taobao Metaverse”, and “DingDing Metaverse”.

Territoriality and enforcement Another big question related to IP rights in the metaverse is the issue of territoriality. Under the principle of territoriality, IP rights are restricted to the specific territories where they have been granted. This means that IP disputes have to be adjudicated before the courts of the countries for which protection is sought.

Jan-Mar 2022

The ‘metaverse’ adds a completely new dimension to the territoriality of IP rights: how will companies and users adjudicate their IP disputes in a virtual universe that it is territorially agnostic? In the ‘metaverse’, users are expected to be able to hop in and out of various fictional ‘worlds’ and interact with users from all over the globe. If a dispute broke out between User X and User Y in fictional world Z, what laws would govern the dispute? Further, in a world where digital economies and marketplaces are expected to emerge, commercial e-disputes are likely to grow more commonplace. Will companies have a clear mechanism to seek legal recourse despite the blurring of virtual territorial boundaries? The detection of IP infringements will also be a key challenge for many companies. In a new and unregulated virtual environment, it will be difficult for rights holders to monitor infringing digital assets. Online anonymity may also be an issue. It remains to be seen whether the key players behind the ‘metaverse’ will implement regulations ensuring accountability and identifiability of users.

The future of the ‘metaverse’ and IP rights

Business Insights 学者专栏

The parameters of the ‘metaverse’ are not yet even clearly defined. In the meantime, it is prudent for brands to protect their IP rights in this emerging space in the ways that are currently available. Filing virtual trademarks is a good first step, though companies should note that there will be many others to come.

Aaron Thng

The rise of the ‘metaverse’ will need to be supported by the development of an entirely new, global legal framework. A big problem is that there will potentially be multiple ‘metaverses’ hosted by different intermediaries. For instance, other than Meta Platforms which intends to create an immersive world where people can live, work, and interact, there are also other big players like Epic Games, the creators of Fortnite, that plans to expand their online-gaming platform to the metaverse, or the Walt Disney, that is looking into a “theme park metaverse”. This opens us to possible chaos and regulatory disharmony if a concerted and unified approach is not taken across all stakeholders.

LL.B. (Hons) Associate Director Advocate & Solicitor

Hence, there will need to be cooperation between governments and big tech players in the industry that are spearheading the creation of the ‘metaverse’. Stakeholders will need to iron out these potential legal challenges through proper dialogue or international treaties. Already, the globalization of commerce and trade has prompted greater harmonization of IP laws across jurisdictions through various treaties administered by international bodies such as the World Intellectual Property Office (WIPO). The same should be done in respect of the ‘metaverse’ specifically. The ‘metaverse’ may also see a growth in the popularity of alternative dispute resolution mechanisms like arbitration, where parties have greater autonomy in choosing the laws and rules that govern disputes, which may be helpful in overcoming challenges with territoriality. Granted, developing a legal framework for the ‘metaverse’ will take time.

LL.B. (Hons) Legal Associate Advocate & Solicitor

Christine Saw

AMICA LAW LLC is a leading specialist intellectual property and technology practice. Our directors each brings with them many years of experience in IP management & protection, litigation & enforcement, as well as commercialisation & licensing. Our depth of knowledge and experience provides the expertise required to protect, manage and commercialise your IP and technology. We also provide legal assistance in general corporate and specialist commercial matters, including joint ventures, sale & purchase, investment, and employment and immigration matters.

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Jan-Mar 2022

fter a two-year hiatus from physical tradeshows due to Covid-19, the International Coffee & Tea Asia (ICTA) 2021 incorporating the long-standing Café Asia and Sweets

& Bakes Asia series, was held from 18 to 20 November 2021 at the Sands Expo & Convention Centre. The shows were held in conjunction with Restaurant Asia (RA) 2021. These successful trailblazer exhibitions, the first F&B tradeshows to be held in Singapore in the midst of the pandemic, showcased a healthy mix of 113 brands and companies from 12 countries. Several of the brands featured sought representation in Singapore. Notable international pavilions at the show included the Indonesian Pavilion representing 20 exhibitors and the Sarawak Pavilion with 19 exhibitors. Collectively, the exhibitions also welcomed over 4,000 trade visitors both through the physical and online platforms. ICTA and RA 2021 were officially opened by Minister Gan Kim Yong, Trade & Industry Ministry. The shows were also graced by the presence of H.E. Suryo Pratomo, Ambassador of the Embassy of the Republic of Indonesia in Singapore, Country Partner of the Exhibitions; Mr Andrew Kwan, President of the Restaurant Association of Singapore (RAS), Co-organiser of RA 2021, and Mr Png Cheong Boon, CEO of Enterprise Singapore. The RAS Leadership Symposium 2021, organised by RAS, was held during the exhibition via Zoom. The focus of the symposium was on the importance of Transformational Leadership in the F&B Industry amidst Covid-19. Other event highlights included the Chef's Table where captains of the industry represented by RAS members and key F&B suppliers had the rare opportunity to meet in a unique business matching session; a comprehensive stage programme on site and virtual live sharing sessions for exhibitors to impart their expertise and knowledge on the latest F&B trends and developments. The exhibitions received glowing reviews from exhibitors, and many now look forward to the next edition. ICTA and RA 2022 will be held from 19-21 May 2022 at the Sands Expo & Convention Centre, Halls E and F, Basement 2. For media enquiries, please contact: Nalini Naidu

Principal Publicist, The Rainmaker

nalininaidu.therainmaker@gmail.com Chloe Tan Manager

chloe@cems.com.sg

由

于疫情带来的不便,实体贸易展中断了两年后,2021年国际咖啡和茶亚洲 (ICTA)包括长期存在的Café Asia和 Sweets & Bakes Asia系列,于2021年11 月18日至20日在金沙举行会展中心.这些节目与Restaurant Asia (RA) 2021 联合举办.这届展览吸引了来自12个国家的113个品牌.展会上著名的国际展团包括代表20家参展商的印度尼西亚馆和代表19家参展商的砂拉越馆.展览还通过实体和在线平台共接待了4,000多名专业观众. IVTA和RA2021由贸易和工业部部长颜金勇正式开幕.印度尼西亚共和国驻新加坡大使馆大使H.E. Suryo Pratomo H.E.的出席也为这些节目增光添彩.其他嘉宾:新加坡餐饮协会RAS主席关国忠和新加坡企业发展局首席执行官方章文.另外,由RAS主办的领导力研讨会在展览期间通过ZOOM举行.

8&9

APR

EXCEL LONDON

250 & Busiest

Britain's Biggest

INTERNATIONAL

FRANCHISE

SHOW ExCeL, London

EXHIBITORS

15,000

BUSINESS

PROFESSIONALS

60+

SPEAKERS & SEMINARS

Head to: www.thefranchiseshow.co.uk to secure your FREE TICKET, or for stand enquires call Simon Chicken team on +447834022995 or email: simon.chicken@comexposium.com

Jan-Mar 2022

News Station 消息站

The International Franchise Show 2022 at ExCeL London 2022英国国际特许经营展( 伦敦展览会议中心ExCeL)

his event (IFSUK), taking place on the 8th and 9th April 2022 has thousands of entrepreneurs and business owners flocking to the ExCeL London each and every year for unmissable seminars, 1-2-1 advice sessions from big brands, over 250 exhibitors, expert guidance and more.

The International Franchise Show is the only event of its kind in the UK to connect you with the largest selection of franchise brands, equipping you with all the knowledge you’d need to embark on your journey to becoming your own boss.

该

活动(IFSUK)将于2022年

4月8日至9日举行,每年都

有成千上万的企业家涌向

ExCeL,参加不容错过的研讨会,1-2-1

咨询会议,以及向超过250家参展商索

取相关质料.IFSUK是英国唯一的此类活动, 可将您与最多的特许经营品牌

Key features of #IFSUK are:

联系起来,为您提供踏上成为自己老板

● New and improved seminar schedule - with panel discussions from some big names in franchising

#IFSUK 的主要特点是：

● Accentia Village - Explore the latest franchise brands new to the market and seek to find a hidden gem amongst our dedicated Accentia Village. ● US Pavilion - The best of American franchising is coming to the UK! Discover the next big thing at our dedicated US pavilion and keep an eye-out for more international pavilions soon to be announced. ● Over 250 brands - There is no better place than the International Franchise Show to start your journey into franchising. Boasting the largest selection of British and international brands - we help connect potential franchisees with franchisors, selling single unit as well as master/multi-unit franchises, and offering support through wellknown industry experts and suppliers.

Get your FREE ticket today! Or find out more at : https://www.thefranchiseshow.co.uk/ @FranchiseShowUK / InternationalFranchiseShow (#IFSUK)

的旅程所需的所有知识。

● 新的和改进的研讨会日程 -- 来自特许经营领域的一些知名人士的小组讨论

● Accentia Village--探索市场上最

新的特许经营品牌,并在我们专门的 Accentia Village中寻找商业良机

● 美国馆 - 美国最优质的特许品牌(

美国馆)即将来到英国！也请留意即将公布的更多国际馆.

● 超过250个品牌-- IFSUK拥有最多

的英国和国际品牌选择——我们帮准

加盟商和特许经营商联系起来,并通过知名行业专家和供应商提供相关支持.

ASIAWIDE FRANCHISE CONSULTANTS PTE LTD (AFC) is one of the most experienced franchise consulting companies in Asia. We currently have more than 70 franchise and associated offices in more than 50 nations. In the last 32 years, we have provided professional consulting services to more than 1300 companies in Asia to expand locally and worldwide.

组织

With our worldwide network, in-depth knowledge, insight (our consultants have managed franchise companies before joining us) and qualifications – e.g. CFE, CMC, CPC and PMC (Senior PMC), we are able to help clients from various industries to develop very strategic and effective franchise packages, conduct incisive franchise audits, help franchisors find suitable franchisees in various parts of the world, and to develop various market entry strategic plans into foreign territories. We also act on the franchisor’s behalf in executing certain affairs (e.g. training, audit, termination, etc.). Our sister company Asiawide Trends Pte Ltd is the publisher of the world’s only English-Chinese Asia Franchise & Business Opportunities magazine that is very popular in Asia since March 1994. We are the most active consulting company in Asia as we participate in over 30 franchise and related shows in Asia every year.

爱思威特许经营顾问私人有限公司的服务范围广泛, 包括： 1. 协助商家发展特许经营/连锁店/经济组合体系的全方位解决方案； 2. 我们拥有一个称为ADA的特许经营管理软件, 该软件使特许经营者(盟主)能够有效地管理其加盟商(或经销店)的质量/标准, 并增强其业务的运营(包括培训)和财务方面。 3. 扮演经纪人角色, 协助企业及个人加入特许经营体系； 4. 出版特许经营刊物, 定期出版中英文「亚洲特许经营加盟连锁 • 投资良机」杂志(自1994年)； 5. 每年参与30多不同国家与区域的特许经营展览,研讨会及相关活动(包括组织赴北美,欧洲,中日韩,东盟考察团) 6. 我们还代表特许经营公司(盟主)执行某些事物 (如培训他们的加盟商;审核加盟商日常业务操作; 办理合约终止的手续与流程,等.) 7. 其他辅助服务。

We help our clients to digitalise their franchise system through our Asiawide Digital Advantage (“ADA”). Our franchise management system will be deployed with customized performance dashboards so that our clients will be better able to ensure standards and manage the quality of their franchisees/outlets. In addition, franchisors could also gain better insights into their franchisees’ / outlets’ financial and operational performance.

我们的成绩

We have been awarded many awards, e.g. for contributing to the growth of franchising by CCFA (China), ACFPT (Taiwan), ARFF (ASEAN), WALI (Indonesia), EFDA (Egypt), etc.

爱思威自诞生以来，获得了很多的奖项和赞誉，如：10年贡献奖(中国连锁经营协会2008)；卓越贡献奖(台湾连锁加盟促进协会2014)；区域贡献奖(东盟连锁加盟协会2015) 及突出贡献人物奖2017，等等。

爱思威特许经营顾问私人有限公司(32年业绩), 是公认的最成功的特许 (连锁/加盟)经营咨询服务公司之一, 其超过70个办事处(包括加盟商及策略伙伴)遍及世界超过50个国家和地区。服务范围

爱思威特许经营顾问私人有限公司在本区域已为超过1300个不同行业的企业提供综合广泛而又高度专业化的咨询服务。本公司团队力量精良，现有高级顾问多名，均具有美国特许经营协会授予的注册特许经营管理专家(CFE)头衔，高级执行管理顾问(Senior PMC)等。

We know franchising. Room 2, 7B Aliwal Street, Chenn Leonn Building Singapore 199900 Fax: (65) 6743 1139 www.asiawidefranchise.com.sg : @AsiawideFranchiseConsultants : @Asia_Franchise : asiawide-franchise

Asiawide Franchise Consultants Pte Ltd’s website has a new look. Do visit us at www.asiawidefranchise.com.sg or scan the QR code on this page. 爱思威特许经营顾问私人有限公司的网站有一个全新的面貌。请立即访问www.asiawidefranchise.com.sg浏览此页面上的二维码。

We are connected internationally...

Our Strategic Partners: Australia George Georgiou

Greece (1)Sotiris Yanakakis

Britain Iain Martin

Greece (2)Kostas Sarris-Tzamtzis

Brazil Paulo Mauro

Hungary (Budapest) Tamas Milla

Cambodia Sim Hoy Chhoung Sim

India Srinivas Kona

Canada & Africa J Perry Maisonneuve

Indonesia (1)Feca Hanafi

Canada Steve Chui

Indonesia (2)Nancy Widjaja

Canada Andrae Marrocco

Indonesia (3)Roby Tjiptadjaya

China (North) Alex Xu

Italy Federico Fiorentini

China (Western) Eileen Lou

Japan (1)Jun Harada

China (Shanghai) Joy Gou

Japan (2)Joseph H. Shima

China (Chengdu) Li Weishi

Japan (3)Kotaro Kohata

China (HK/Guangzhou/ Macau) Norman Cheung

Korea Simon Yoo

China (Hong Kong) Karen Kwan

Lebanon Yasser Kouatly

Croatia Dr. Ljiljana Kukec

Lithuania Severin Zhilinskis

France Louis Malta-Bey

Finland Veli-Pekka Pihlainen

Germany Rolf G Kirst

Malaysia (1)Sest Nee Lim

Portugal (1)Jose Antonio Cavaco

Malaysia (2)Doris Wong

Portugal (2)Ana Martins Correia

Malaysia (3)Yau Sir Leng

Romania Constantin Anton

Mexico Ferenz Feher

Russia (1)Ekaterina Soyak

Middle East (1)Sary Hamway

Russia (2)Vasil Gazizulin

Middle East (2)Mukesh Viroomal

South Africa Vera Valasis

Mongolia Luvsantseren Davaadelger

Taiwan Lin Ku Yeh

Myanmar (1)Ko Myo Niang

Thailand Sethaphong Phadungpisuth

Myanmar (2)Hannie Hay

USA (1)William LeSante

New Zealand David McCulloch

USA (2)Mark Shieh

Nigeria Oluseyi Adebayo-Olubi

USA (3)Charlie Weeks

Pakistan M Naeem Younas

Vietnam (1)Adrian Leong

Philippines (1)Marvin Q. Da Silva

Vietnam (2)Dau Van Huan

Philippines (2)Henry Ong

More strategic partners, all with high integrity in other countries, will be recruited on an ongoing basis so as to serve our customers even better.

18 Latin American partners since May 2019

Asiawide Franchise Consultants’ Franchising Calendar of Events

Note: All event dates and formats (physical or virtual) are subject to change due to the ongoing COVID19 situation 1st QUARTER

January 20-22

2022 World Franchise Expo by Korea Franchise

世界特许经营活动表

注意:所有活动日期或形式可能都因冠状病毒COVID19 情况而更改 June 22-24

Speciality & Fine Food Asia 2022 (SFFA) Suntec, Singapore - speciality-asia.com

22-24

Restaurant | Pub | Bar Asia 2022 (RPB) Suntec, Singapore - rpb-asia.com

22-24

Speciality Coffee & Tea Asia 2022 (SCTA) Suntec, Singapore - speciality-asia.com/scta/

22-24

Meat & Poultry Asia 2022 (MPA) Suntec, Singapore - speciality-asia.com/scta/

Association franchise - coex.co.kr/eng/

Febuary 25-27

Franchise and Licensing Expo (FLEI 2022) Jakarta Indonesia - franchise-expo.co.id

March 2-4

Japan International Franchise 2022 Tokyo, Japan - messe.nikkei.co.jp/en/fc/

10-13

Thailand Franchise and Business Opportunities 2022 (TFBO) Bangkok, Thailand - thailandfranchising.com

3rd QUARTER

July

2022

6-8

2022 Taipei International Chain and Franchise Spring Exhibition Taipei, Taiwan - franchise.org.tw

MIFB Hybrid Trade Fair 2022 Kuala Lumpur, Malaysia - https://mifb.com.my

14-16

20-23

Franchise Expo Paris 2022 Paris, France - franchiseparis.com/en-gb.html

Malaysia International Retail, Franchising & Licensing Fair (MIRF 2022) Kuala Lumpur - mrca.org.my

August

23-26

Food + Beverage Indonesia 2022, Jakarta, Indonesia - www.foodbeverageindonesia.com

23-26

International Indonesia Seafood and Meat Expo 2022 Jakarta, Indonesia - https://iism-expo.com//

11-14

5-7

CCFA China Franchise Expo Shanghai, China - chinafranchiseexpo.com

September

2 nd QUARTER

April 8-9

5-8

FHA Food & Beverage 2022 Singapore Expo, Singapore foodnhotelasia.com

23-26

Taipei International Chain & Franchise Expo (TICFE) Autumn 2022 Taipei, Taiwan - franchise.org.tw

TBD

Franchise Asia Philippines 2022 (FAPHL ) Manila, Philippines - franchiseasiaph.com

2022 International Franchise Show London 2022 London, United Kingdom - https://bit.ly/3dooPSa

4th QUARTER 27-29

Hong Kong International Licensing Show Wan Chai , China - www.hktdc.com/hklicensingshow

27-29

Asian Licensing Conference, Hong Kong, https://portal.hktdc.com/alc

October TBD

6-8

MIFB Hybrid Trade Fair 2022 Kuala Lumpur, Malaysia - https://mifb.com.my

19-21

International Café & Beverage Show (ICBS) 2022 Kuala Lumpur, Malaysia - intl-cbs.com

24-28

Thaifex-Anuga Asia “The Hybrid Edition” 2022 Bangkok, Thailand - thailandfranchising.com

28-30

CCFA China Franchise Expo Beijing, China - chinafranchiseexpo.com

Franchising & Licensing Asia 2022 MBS, Singapore - FranchiseLicenseasia.com

November 3-5

May

2022

Vietnam International Retail & Franchise Show (VIETRF) HCMC, Vietnam https://www.facebook.com/vietrfshow/

7-9

Saudi International Halal Expo 2022 Riyadh, Saudi Arabia - saudihalalexpo.com

9-12

SIAL InterFOOD 2022 Jakarta, Indonesia - sialinterfood.com

NOTE: For the latest updates, please visit https://www.asiawidefranchise.com.sg/events/ 注意:有关最新更新，请访问 https://www.asiawidefranchise.com.sg/events/