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Posts Tagged ‘Franchise Lawyers’

There has been a growing interest in franchising in Canada as of late. This is because the industry is booming. As a matter of fact, nearly half of all new retail businesses in the country are franchises. Before putting up a franchise business in Canada, a potential franchisor must first be aware of the different Canadian laws that concern the franchising business. A good way to do this is to hire a attorney in franchise.

Some of the services of a attorney in franchise are: preparing and reviewing disclosure documents; drafting, reviewing, and negotiating franchise agreements; giving advice on the application of franchise laws and regulations; registering and licensing trademarks; and mediating or litigating commercial disputes. Because Canadian franchise lawyers are experts in the field of franchising, they are well-equipped to protect their clients’ business interests. Their services are invaluable not only during the start-up phase, but are essential also in the maintenance stage of the franchise business.

One important consideration when setting up a franchise business in Canada is how federal laws directly affect the franchise industry.The Competition Act is an example of legislation that directly affects franchising in Canada. This law prohibits a person engaged in business from influencing the price at which another person offers to supply a product or service within the country. Consequently, the franchisor cannot dictate the price at which the franchisee offers its products or services. Another example would be the Consumer Packaging and Labeling Act, which specifies guidelines for the packaging and labeling of products to be sold in the country. In case the franchisor is in the business of distributing imported goods, this law would require him or her to specify the country of manufacture, as well as the name and address of the importer, on the product label. Most elements of the labeling should also be written in both the country’s official languages: English and French.

These are just a few of the legal-related matters a potential franchisor or franchisee has to consider before starting to conduct business in Canada. Franchise attorneys will be able to answer business-specific queries or concerns.

-C.D.

Franchising is on the rise in Canada. Franchises make up nearly half of all new retail businesses in the country. Consequently, a lot of individuals and businesses are considering going into the franchise business.Before putting up a franchise business in Canada, a potential franchisor must first be aware of the different Canadian laws that concern the franchising business. A good way to do this is to hire a lawyer in franchise.

A Lawyer in franchise possess the expertise to offer their clients invaluable legal advice relating to the franchising industry in Canada, thus protecting their clients’ business interests. The services they provide are essential not only during the start-up stages of the business, but during the maintenance phases as well. These services include: preparing and reviewing disclosure documents; drafting, reviewing, and negotiating franchise agreements; registering and licensing trademarks; giving advice on application of franchise laws and regulations; and mediating or litigating commercial disputes, among others.

One important thing to note before putting up a franchise business in Canada is that some Canadian federal laws have a direct effect on the franchising business. Take, for example, the Competition Act, which prohibits a person who is engaged in the business of producing or supplying a product or service from influencing upward, or discouraging the reduction, of the price at which any other person offers to supply or advertise a product or service within Canada. What this means is, a franchisor is prohibited from establishing the lowest price at which its franchisee is to offer its products or services. The Consumer Packaging and Labeling Act prescribes policies on how products that are sold or distributed in Canada are packaged and labeled. This law would require franchisors to indicate the country of manufacture and the importer’s name and address for products that are imported.  Product labels should also be written in both English and French, Canada’s official languages.

These are just a few of the legal-related matters a potential franchisor or franchisee has to consider before starting to conduct business in Canada. Franchise attorneys will be able to answer business-specific queries or concerns.

-C.D.

Now is a good time to consider exploring and penetrating the Canadian business market. Canada is now considered a franchise industry leader, with nearly half of all its new retail businesses being franchised businesses.There is a lot to learn about successful franchising in Canada, whether you are a franchisor expanding into Canada for the first time, or are a seasoned international franchisor. There are a lot of business and legal issues to consider, including cultural challenges, disclosure compliance, anti-trust laws, and intellectual property protection. Franchisors operating in Canada are subject to both federal and provincial law, so it would be prudent to consult with a Franchise Attorney before setting up your franchise.

The areas of law related to franchising in Canada include licensing; franchise and distribution; intellectual property; multi-level marketing; transporting franchise systems into and from Canada; and general corporate commercial law. Most franchise attorneys offer a comprehensive list of services related to franchising, including preparation of documents, analysis, and advice.

A good franchise attorney is a specialist in his field who is able to meet the needs of various clients. For instance, a startup franchise system may need help with drawing up documentation to sell franchises; a mature international franchise system may want to penetrate the Canadian market; a prospective franchisee would possibly need assistance reviewing documents provided by the franchisor. A franchise lawyer with business experience in franchising is a big plus, since he will be able to give his clients first-hand advice based on his own business experience.

Trademarking and protecting intellectual property are important considerations when one puts up any kind of business. A franchise attorney who is also a registered Canadian trademark agent will be able to properly register the business trademarks, and protect his client’s business from infringement anywhere in the world. The attorney can also provide advice on copyrights, industrial design, and patent issues.