The Association of Corporate Counsel – Georgia recently partnered with Kilpatrick Townsend for a half-day seminar on the issues organizations face when conducting business in Brazil. Kilpatrick Townsend Partner Marc Lieberstein joined a panel including Bruna Rego Lins, a Partner from DC Associados (Brazil), and Adriana Ibarra Vazquez, Legal Counsel with experience in the US, Mexico and Latin America, to discuss “Franchising and Licensing in the United States and Brazil.”
Key takeaways from the presentation include:
1. Know your business objectives, so you can detemine whether you need a license or franchise.
2. Licensing allows for control over the brand. Franchising allows for control over the brand and also allows for varying degrees of control over the business and its operation.
3. Always consider choice of law and forum selection for license and franchise agreement disputes.