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Franchising vs licensing

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Jul, 2007

·

Franchise agreements are subject to the strict requirements of the Franchising Code of Conduct. Licences are not subject to
any code.

·

Under franchising agreements a franchisee's business operations are essentially controlled by the franchisor, whereas a licence does not provide for the licensor to exercise a right of control as to how the licensee operates its business.

·

A franchise agreement is characterised by an onoing relationship between
the franchisor and the franchisee
which requires two-way communication. Generally this is absent in a
licensing situation.

·

Costs of compliance with the Franchising Code of Conduct and the costs of set-up of franchise documentation is much more significant than the cost of preparation of a licence agreement.

·

The Australian Competition and Consumer Commission operating under the Trade Practices Act can prosecute recalcitrant franchisors, whereas this scenario does not apply in respect of
a licence.


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