2.3.4 国际许可和特许经营-International licensing and franchising
如果一家公司决定不直接出口或在特定国家制造，许可和特许经营是两种可能的选择。
If a company decides not to export directly or to manufacture in a particular country, licensing and franchising are two possible options.
许可-Licensing
许可是将知识产权（商标，专利等）授予其他制造商以换取费用。
Licensing is the granting of intellectual property rights – trademarks, patents, etc – to another manufacturer in exchange for a fee.
The company that is granted被授权 the licence is known as ‘the licensee（持证人）’ and the granting授权 company is known as ‘the licensor（许可人）’. The license agreement will set out the terms and conditions that the licensee must adhere to. The licensee will agree to pay a fee or commission on its sales.
对许可人的优势-ADVANTAGES TO THE LICENSOR
许可人能够在被许可人致力于开发的特定市场中建立存在。
Licensors are able to establish a presence in a particular market that the licensee is committed to developing.
对许可人的劣势-DISADVANTAGES TO THE LICENSOR
许可人的主要缺点是他们失去了对其产品制造的控制，因此，冒着带有其名称/品牌的劣质产品将在海外市场销售的风险。
The main disadvantage to the licensor is that they lose control over the manufacture of their product and, as such, run the risk that an inferior product that bears their name/brand will be sold in the overseas market.
特许经营权-Franchising
在国际特许经营中，公司允许海外方在特定时期内在特定地区使用其商业模式或品牌。**与跨境许可相似、但海外一方对产品使用的控制力度更大。**
International franchising is similar to international licensing. However, the overseas party is subject to greater control in the use of the products. In an international franchise, a company permits an overseas party to use its business model or brand in a specified territory for a given period.
出口公司为特许人，海外公司为加盟商。快餐店就是个很好的实践例子。特许经营商比公司雇员有更大的动力，因为它在业务中投入了直接的股份。
The exporting company becomes the franchisor（特许人） and the overseas company the franchisee（加盟商）. Licence fees or royalties （特许权使用费） are paid by the franchisee for the privilege of using the franchisor’s name and business model. International franchising has been very successful for many fast-food outlets（快餐店）, such as McDonald’s, Subway and Starbucks, to name but a few. It is often said that the franchisee has a greater incentive than an actual employee in the company as it has invested a direct stake in the business.
特许经营商通常会预先支付一笔总付，然后为后续销售支付特许权使用费。优势：有助与公司扩张。巴西对特许经营商管理相当严格。
The franchisee will usually pay a lump sum up front and then a royalty on subsequent sales. The franchisee effectively becomes a controlled outlet of the franchisor. The franchisor will often provide training and business advice for its franchisees, as well as assistance in marketing and promotion. A further advantage of franchising is that it allows a company to expand rapidly through its network of
franchisees. Some countries have specific laws governing franchising. Brazil, for example, regulates franchises more closely than many other countries.
特许经营对于具有良好盈利记录的企业和易于复制的商业模式具有吸引力。Franchising is attractive for businesses with a good track record of profitability and for business models that are easily duplicated.
特许经营和许可的优势-ADVANTAGES OF BOTH FRANCHISING AND LICENSING
The following are advantages from the point of view of a franchisor:
- 对产品的展示和定价有更大的控制权。-There is greater control over presentation and pricing of products.
- 与合资企业或传统销售相比，启动成本更低技术。-There are lower start-up costs compared with joint ventures or traditional selling techniques.
- 与海外市场有更密切的联系。-There is closer involvement with the overseas marketplace.
- 与传统代理商或分销商相比，许可证方面的承诺更大。-There is greater commitment on the part of licenses than is found among traditional agents or distributors.
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