Franchising And Licensing Pdf Download
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Licensing and franchising are two forms of business agreements that typically involve the license of a trademark and the shared use of brand elements, technologies or systems in the operation of a business. License agreements are more limited than franchise agreements and involve the shared - licensed - use of a trademark, technology, or business system between businesses that operate independent of one another and use their own individual and distinct brands. Franchise agreements are broader than license agreements and, in addition to licensing the use of a trademark, regulate and control the entire branding and operations of franchised businesses that operate under a singular brand and using the same systems, supply chain, and operating procedures.
In each licensing example, the underlying business operations of the licensor and licensee are distinct from one another and, unlike franchising, the degree of control that the licensor possesses over the licensee is limited to the underlying trademark or technology that is the subject of the license. Using the McDonalds and Disney Happy Meals example, although Disney will have say and control over how McDonalds uses Disney's trademarks on McDonalds Happy Meals, Disney does not have control over McDonald's overall business operations.
Examples of franchises include restaurants like McDonalds, retailers like GNC, healthcare providers like American Family Care, service providers like RE/MAX, and many other businesses and industries. To learn more about franchising read our Ultimate Guide to Franchising Your Business.
Because points one through three are common to both licensing and franchising agreements, establishing whether a franchise relationship exists typically relies on the fees received at the time of sale and the level of control an agreement grants to a franchisor over the operations of a franchisee.
The advantage that licensing has over franchising is that license agreements are basic legal agreements that, typically, are not regulated and are less expensive to create. Franchise agreements are regulated by federal and state franchise laws, require FDD disclosure, registration within franchise registration states and, compared to license agreements, involve more legal steps and legal expense. The disadvantage of licensing is that license agreements are extremely limited in what they can regulate and control and, license agreements cannot be used to achieve the multi-unit expansion of a trademarked brand with uniform systems and quality control standards.
The difference between licensing and franchising is extremely narrow and is determined by the degree of control created by the underlying agreement. Franchising is used to achieve the multi-unit expansion of a brand through franchised locations that maintain and operate under uniform systems and standards. Licensing is used to monetize trademarks and other intellectual property assets by allowing licensees to use the licensed assets within independently operated businesses. Licensing is not an alternative to franchising and if a license agreement includes the license of a trademark and control over the underlying business operations, it may qualify as a franchise agreement.
This is an online course for soon to be franchise owners, franchise company employees, franchisees and consultants. Sponsored by the International Franchise Association (IFA), it offers a comprehensive introduction into franchising for individuals considering purchasing a franchise. This course covers a wide variety of topics including franchising laws & regulations and the advantages and disadvantages of franchising.
The best advocate for you, in a franchise dispute, is a franchise attorney. As franchising is a highly specialized field, you should hire an attorney with experience representing franchisors or franchisees.
American Association of Franchisees & Dealers (AAF&D) A national non-profit trade association representing the rights of franchis