Franchising Legalities

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CATEGORIES OF

FRANCHISING
1. Product or Distribution Franchise
• A product manufactured by the
franchisor (or on his behalf by another) is
sold to a franchisee who in turn sells it to
the consumer under the trademark of
the franchisor. Such a franchise is usually
restricted to a particular geographical
area and the franchisee pays fees
referred to as royalties to the franchisor
for the right to do business under his
trademark
2. Manufacturing, Production or
Processing Franchise
• The franchisor sells to the franchisee
an essential ingredient or provides
some specific know-how, which along
with ongoing quality controls by the
franchisor, enabling the franchisee to
manufacture/product/ process the
final product and sell to the consumer.
Coca cola operates in many markets in
this manner supplying franchisees
with the essential ingredient of Coca
cola protected by a trade secret
enabling them to produce the final
product.
3. Business Format Franchising
• The owner of a
business(franchisor) licenses to
another(franchisee) the right to
use the particular business
model including the intellectual
property associated with it,
particularly the trademark.
Business format franchising is
the most widely used form of
franchising.
FOUR ESSENTIAL ELEMENTS OF
BUSINESS FORMAT FRANCHISING
• The franchisor allows the franchisee to use under license its proprietary
IP, principally its trademarks but also its designs, patents, copyright and its
confidential business information. The most important is usually the
trademark on which the brand has been built and it is that brand
recognition that makes the franchised business attractive
• The franchisor controls the way the business is run and managed by the
franchisee
• The franchisor provides training, mentoring and assistance to the
franchisee.
• The franchisee makes both initial and periodic payments to the franchisor.
Types of Franchising Arrangements
• (a) Direct Franchise
Agreement – A
franchisor may enter
into individual franchise
agreements with each
territory or outlet. Here
the franchisor has
direct control of his
franchisees and a
revenue flow that does
not need to be shared
with others.
• (b) Master Franchise Agreement - A franchisor may enter into a
master franchise agreement whereby another entity is given the right
to sub-franchise the franchisor's business concept within a given
territory with a development timetable. These rights are usually
secured by an initial development fee charged by the franchisor.
• (c) Development Agreement - A development agreements obliges a
developer to open multiple outlets in accordance with a development
timetable. Vis-ā-vis the developer and the outlets; rather it involves
franchising between the franchisor and the developer.
LEARNING POINT 2: PREPARING TO
FRANCHISE

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