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Vol 9 (2011) - Issue 1

Franchising into North America and the Caribbean

Alfredo Chavez, Partner, Gonzalez Calvillo S.C., Mexico City; Gary R. Duvall, Partner, Dorsey & Whitney LLP, Seattle; Gerard Sautereau, Partner, Henry & Sautereau, Paris; Lawrence Weinberg, Partner, Cassels Brock & Blackwell LLP, Toronto, and; John R. F. Baer, Officer, Greensfelder, Hemker & Gale, P.C., Chicago

This paper discusses the legal and business issues a franchisor from another country has to address when exporting its franchise system into North America and the Caribbean. All three North American countries, and several Caribbean countries, have franchise laws. The authors address essentially the same topics for franchisors seeking to enter into Canada, the United States, Mexico and the various Caribbean countries, including business issues, protection of intellectual property assets, and legal, regulatory, tax and contractual considerations.