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Why You Want to Franchise in Canada

August 3rd, 2009

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.Whether you are a seasoned international franchisor or franchising for the first time, there are a lot of business and legal issues to consider when franchising in Canada. This includes cultural challenges, disclosure compliance, anti-trust laws, and intellectual property protection. It is advisable to consult with a Franchise Attorney before setting up your franchise in the country, as franchisors operating in Canada are subject to both federal and provincial laws. Your attorney can help you understand these legal considerations.

Licensing, franchise & distribution, intellectual property, multi-level marketing, general corporate commercial law, and transporting franchise systems into and from Canada are some of the fields of law related to franchising. Most franchise attorneys are able to provide a complete range of legal services related to franchising, including document preparation, analysis, and advice.

A good franchise lawyer 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 lawyer can also provide advice on copyrights, industrial design, and patent issues.

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