Both the positive aspects and the lacunas associated with licensing are substantially discussed further in this paper. This guide discusses some of the differences between a simple license and a franchise. Franchising and licensing are terms which describe very similar relationships but with stark differences. What is the difference between franchising and licensing. Franchising is a type of licensing that goes beyond use of a specific product or branding and encompasses your business model. In a franchising model, the franchisee uses another firms successful business model and brand name to operate what is effectively an independent branch of the company. As you consider the difference between franchising and licensing, add up the pros and cons of your situation, goals, personality, and products. If the franchisee does not meet these requirements, he can be shut down by the franchiser.
Whats the difference between franchising and licensing. A franchise has to meet the set targets set by the franchiser the main company. A trademark or service mark is, primarily, an indication of the source of the goods or services identified by markthe. Franchising vs licensing is often the tough question potential wouldbe business owners ask themselves, as both are popular business models. Technology licenses allow an organisation or person to make use of some technology that might be protected by a variety of intellectual property, including patents. Another fundamental difference between franchising and licensing is the amount of control a franchisor holds over the franchisee. Common obstacles when licensing your invention ideas.
Differences between licensing and franchising marketing. This license allows a thirdparty licensee the right to use the licensee s trademarks. When you franchise, you authorize someone else to open a store or. Covers the total business format, including knowhow, intellectual rights, goodwill, trade marks and business contacts.
As a business owner, one has to choose from the two models as to how he wishes to go ahead. Licensing vs franchising top 5 best differences with infographics. Leonard can help you understand the difference between franchise laws in california and the laws that apply to licensing agreements. What is the difference between technology licensing and technology transfer. What is the difference between franchise and management. What is the difference between a franchise and a licence. Licensing and franchising, what is the difference and does it. In franchising, the franchisor licenses its intellectual property to the franchisee. The agreement is between the franchisor, or the owner of the brand, and the franchisee, or the person or entity purchasing the rights. In exchange, the licensor receives payments from the licensee.
In a nutshell, a franchise is a license wherein the licensor. The difference between licensing and franchising is that licensing is a legal relationship that is limited in scope and relates only to the use of a trademark or technology, whereas franchising involves a relationship that goes beyond the grant of a license and includes a relationship of control where the underlying business is required to operate in accordance with designated systems and procedures. Difference between franchising and licensing compare the. The mark indicates to the public that a product or service will.
The most distinctive feature of a franchise agreement is that a franchisor exercises significantly more control over franchisees than a licensor. What is the difference between technology licensing and. Mcdonalds is one of the best known examples of a business that has grown through franchising. Running a franchise takes some business acumen to make.
Licensing refers to an arrangement between licensor and licensee where latter party would acquire the right to use. On the other hand, a joint venture with a partner you trust can work better for some types of companies, especially those that utilize novel ideas that havent been franchised. In its simplest form, a licence is where a person called the licensor owns or has rights to something the licensed property allows another person called the licensee to use it in return for some form of payment. You should refer to that page for a definition and application of the terms. Many times, people think licensing is an easier route to franchising. In a typical licensing agreement, the licensor grants the licensee the right to sell goods, apply a brand name or trademark, or use patented technology owned by the licensor, in exchange for payments to the licensor paid by the licensee for use of. Unlike a licence agreement, franchise agreements will contain specific directions on how the franchise must operate. Whats the difference between a licence and franchise. To understand the difference between licensing and franchising the starting point is to look at what each term means.
After having clarified what these two concepts actually mean, one can also understand how licensing and franchising differ. In franchising, you have to pay royalty to the company every time you make a profit while in licensing, you keep the profits for yourself. However, some people still think that franchising and licensing are almost the same and have no specific difference. Licensing and franchising, what is the difference and does. The difference between licensing and franchising is that licensing is a legal relationship that is limited in scope and relates only to the use of a trademark or technology, whereas franchising involves a relationship that goes beyond the grant of a license and includes a relationship of control where the underlying business is required to operate in accordance with designated. Unlock content over 79,000 lessons in all major subjects. For a company looking to expand, franchising and licensing are often appealing business models. Find out more about the pros and cons of franchising below. Franchising vs licensing differences between franchising.
This article will explore different growth strategies with a particular emphasis on franchising, which is the most highly regulated of the growth strategies analyzed. Those fees generally include a flat amount to join the franchise, along with ongoing royalties. However, while franchising is a regulated industry and there are startup costs and expenses associated with franchising your business, it is critical that you. In order to understand the difference, it is necessary to understand exactly what a licence and a franchise are. The broad scope of the franchise laws may apply to a. There is a world of difference between licensing and franchising but its not always easy to distinguish between them. Difference between licensing and franchising with comparison. The latest in franchising sent free to your inbox the information you submit via our enquiry form is shared only with the franchise business that you have selected. By contrast, starbucks has grown by opening its own branches. Like a licence agreement, a franchise agreement is also a type of contract. When you delve deeper, youll notice there are many key differences between the two, than can impact the manner in which your brand is used and how much control you have over it. Franchising vs licensing difference and comparison diffen.
But this is not the case, as franchising is totally different to licensing. Its easy to become confused between franchising and licensing because on the surface they sound remarkably similar. The franchise agreement requires the payment of franchise fees andor a share of the profits for use of the franchisors branding and methods. The major difference between franchising and licensing we would like to take a minute to answer a very common question often asked. Franchising is one of three business strategies a company may use in capturing market share. Our web page licensing or franchising outlines the difference between licensing and franchising.
The fundamental difference between franchising and licensing is that in licensing, the small business owner doesnt relinquish as much control over their business as with franchising. A franchisee is, at least theoretically, and independent business. These two terms are often confused with one another. In franchising, there is a lot of support from the company to the franchisee in terms of advertisement and training whereas there is no such support in the case of licensing. Given the prevalence of franchising and the interstate, national, and even international scope of so many franchise networks today, attorneys need to know about potentially applicable federal, state, and foreign franchise laws. Opening a franchise can be a lowerrisk way to start a small business, but its not for everyone. When you want to go into business, franchises offer help in getting started and creating an immediate income.
The main differences most agreed on can be found here. Difference between licensing and franchising praxis. Before turning to the differences between licensing and franchising, we should take a closer look at the definitions of the two concepts. The main differences are summarized in the following table. The others are company owned units or a combination of company owned and franchised units. It involves finding franchisees with the skills necessary to operate branches of the same business. Licensing is an arrangement in which a company licensor sells the right to use intellectual property, or produce a companys product to the licensee, for a negotiated fee i. Well give you an overview of the two concepts, along with the pros and cons, so you are well equipped to make the right decision. The differences between franchising and management contract.
From a legal standpoint, franchising can be described as a super license where the franchisor grants the franchisee the license and right to use the franchisors trademarks and systems. At the franchise institute, we encourage people to consider the two options. In franchising, the franchisee gets the right to display the same brand logo, trademark, name and image as that of the parent company. Franchising on the other hand is often confused with the term licensing. Even attorneys who are not experienced in the niche area of franchise law may find it confusing to differentiate between a trademark license and a franchise.
Most of the time when we hear the term franchising it refers to business. Franchise owners also are required to buy a fixed number of products from the parent company. With a franchising or licensing agreement, you can recruit other entrepreneurs to help. They do describe a similar relationship, but there are important differences in who is controlling what. Franchising and licensing are means of expanding a business. We will now turn to the differences between licensing and franchising. A comprehensive difference is shown in the following table. The hallmark of a franchise is the nature and extent of the control that a franchisor exerts over the operation of a franchisees business.
In contrast, a licensing arrangement allows a licensee considerable freedom in the operation of his or her business. Many people confuse a trademark license and a franchise. Licensing and franchising are merely two of those options. A management contract can involve a wide range of functions. Both concepts are ways in which the firm can establish business in other markets and therefore entry modes. Elements of a franchise a franchise has been described as a license on steroids. Franchising is a way to scale a business once it is successful and proven. In licensing, another individual is buying the rights to use aspects of another companys branding, products, and trademarks in exchange for a percentage of. Ive decided to list the disadvantages first, to in some way attempt to counterbalance my natural tendency to be an advocate for franchising, given my 25plus years. Used by businesses across the world, these two models carry their own sets of advantages and. The difference between licensing and franchising is that licensing is a legal relationship that is limited in scope and relates only to the use of a trademark or.
We would like to take a minute to answer a very common question often asked. Knowing the differences between franchising and multilevel marketing also called mlm or network marketing is important when youre choosing the best business model for your background, financing and longterm goals. Large companies have both the models to offer to a person who wishes to be liked with them. These licenses are typically nonexclusive so competing companies can serve the same market.
Differences between licensing and franchising marketinginsider. You supply the business model, and you can define the territory in which any given franchisee can operate. The major difference between franchising and licensing. If you like having many elements of your business preplanned for you, head in the franchise direction. Franchising allows another business to replicate your entire company and business model in exchange for fees. Franchising is a wonderful way to go into business for yourself, but not by yourself. Each growth strategy has its own advantages and disadvantages, and each has its own legal ramifications. Traditionally, licensing is limited to a someone granting a license. For example, among other differences, as suggested above, federal law is implicated with respect to franchises. In a true license arrangement, a licensor is limited in the amount. A franchise is a license, though you usually dont find someone so focused on language minutia that they make a big deal out of the distinction in the sense of business opportunities. Many businesspeople and professionals think that franchising and licensing are the same, but the fact is that they are different. The difference between licensing and franchising can be drawn clearly on the following grounds.
The term franchising is used to describe a wide variety of business systems which may or may not fall into the legal definition provided above. What is the difference between licensing and franchising. While the above just scratches the surface in terms of the distinctions between licensing and franchising, hopefully it will provide you with a better understanding of the distance between the two. However, franchising and licensing come from two distinct areas. Franchising vs licensing compare contrast business model. When it comes to licensing agreements, the licensor gives the licensee the rights to sell goods, use patented technology, or use a brand name or trademark. What is the difference between a license and a franchise. On the most basic level, the difference between a franchise and a license is the amount of support you can expect to receive.
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