Académique Documents
Professionnel Documents
Culture Documents
PROJECT REPORT
ON
“GLOBAL STRATEGIC
MANAGEMENT”
___________________ ___________________
Finally, I would like to state that the project not only fulfilled an academic
requirement, but would also help me in future endeavors in the years to come.
PREFACE
A hallmark of any premier business school is its willingness and ability to constantly
explore and implement new ideas and practices in the field of management education.
Institute constantly reorients their programs in order to keep abreast of changing
development.
The initial interaction between school students and industry takes place when the
students undergo project is usually for knowing the process for recruitment, selection,
industrial relations & training of that institution. It is often the exposure to corporate
culture that a student receives, particularly true for students without prior work
experience.
The main purpose of the study is to know the policies of the bank regarding marketing
& financial services, which helped me in gaining knowledge about the different
working pattern of different departments of a bank.
TABLE OF CONTENT
ACKNOWLEDGEMENT
PREFACE
CHAPTER-1 INTRODUCTION
FINDINGS
BIBLIOGRAPHY
ANNEXURE
Chapter I
Introduction
INTRODUCTION
Global trade is one of the few remaining corporate functions where arcane ‘old style
businessrituals’ are still the norm. Like other corporate functions before they were re‐
engineered and automated, global trade has been dominated by paper documentation
and strapped together with multiple tiered manual processes. Service providers in
charge have depended on the use of historical, intuitive knowledge of “what’s
supposed to happen to process trade goods.”
When errors are discovered (often simply stumbled upon) they are corrected one
transaction at a time. It is classic ‘fire‐fighting’ style process management, usually
without a plan or executive oversight. It’s not working well.
The long history of International Trade is fraught with supply chain complexity and
unknown risks. Meeting today’s challenges will require re‐engineering using modern
tools of automation. If your company is sourcing or selling on the world stage in the
21st Century, you will need sophisticated international trade knowledge and
automated operations or your company will simply fall behind competitively.
As global trade activity continues its exponential growth, operational and financial
executives will require a clear picture of projected cash flow, inventory levels,
compliance metrics and hard and soft financial commitments. Global supply chain
uncertainties ─ such as delayed or incomplete shipments, freight expediting expenses,
unexpected customs fees or fines, and foreign currency fluctuations will need to be
anticipated, decoded, and integrated into the company’s overall business strategy to
maintain a competitive advantage.
One Chief Financial Officer confided that his import operation is “a big black hole,”
lacking the information he needed to effectively assess risk and improve operations.
But the world of global trade is undergoing a massive transformation, an automation
revolution. Enlightened executives are re engineering their internal work processes,
improving their companies’ global trade systems and creating new wealth through
competitive trade advantages.
Many of our current quality management and environmental management systems are
reactive—that is, they have been developed in response to federal, state, or local
regulations. We need to ask ourselves, is this a competitive way to work? When we
are in this reactive mode, are we really listening to our customers? Are we able to
seek out innovative means of getting the job done?
International standards force companies to look at their processes in a new light and to
take a more active approach to management. For example, if a company wishes to
pursue the new environmental standard, ISO 14000, its environmental management
system's pollution control policy will have to be revamped to focus on prevention
rather than command-and-control. As the company moves in that direction it will truly
become more competitive, and will do so on a global basis.
During the last half of the twentieth century, many barriers to international trade fell
and a wave of firms began pursuing global strategies to gain a competitive advantage.
However, some industries benefit more from globalization than do others, and some
nations have a comparative advantage over other nations in certain industries. To
create a successful global strategy, managers first must understand the nature of
global industries and the dynamics of global competition.
Sources of Competitive Advantage from a Global Strategy
A well-designed global strategy can help a firm to gain a competitive advantage.
This advantage can arise from the following sources:
Efficiency
Economies of scale from access to more customers and markets
Exploit another country's resources - labor, raw materials
Extend the product life cycle - older products can be sold in lesser
developed countries
Operational flexibility - shift production as costs, exchange rates, etc.
change over time
Strategic
First mover advantage and only provider of a product to a market
Cross subsidization between countries
Transfer price
Risk
Diversify macroeconomic risks (business cycles not perfectly correlated
among countries)
Diversify operational risks (labor problems, earthquakes, wars)
Learning
Broaden learning opportunities due to diversity of operating environments
Reputation
Crossover customers between markets - reputation and brand identification
Some industries are more suited for globalization than are others. The following
drivers determine an industry's globalization potential.
1. Cost Drivers
Location of strategic resources
Differences in country costs
2. Customer Drivers
Common customer needs favor globalization. For example, the facsimile
industry's customers have more homogeneous needs than those of the furniture
industry, whose needs are defined by local tastes, culture, etc.
Global customers: if a firm's customers are other global businesses,
globalization may be required to reach these customers in all their markets.
Furthermore, global customers often require globally standardized products.
Global channels require a globally coordinated marketing program. Strong
established a local distribution channel inhibits globalization.
Transferable marketing: whether marketing elements such as brand names and
advertising require little local adaptation. World brands with no dictionary
names may be developed in order to benefit from a single global advertising
campaign.
3. Competitive Drivers
4. Government Drivers
Trade policies
Technical standards
Regulations
The furniture industry is an example of an industry that did not lend itself to
globalization before the 1960's. Because furniture has a high bulk compared to its
value, and because furniture is easily damaged in shipping, transport costs
traditionally were high.
Government trade barriers also were unfavourable. The Swedish furniture company
IKEA pioneered a move towards globalization in the furniture industry. IKEA's
furniture was unassembled and therefore could be shipped more economically. IKEA
also lowered costs by involving the customer in the value chain; the customer carried
the furniture home and assembled it himself. IKEA also had a frugal culture that gave
it cost advantages. IKEA successfully expanded in Europe since customers in
different countries were willing to purchase similar designs. However, after
successfully expanding to several countries, IKEA ran into difficulties in the U.S.
market for several reasons:
Different tastes in furniture and a requirement for more customized furniture.
Difficult to transfer IKEA's frugal culture to the U.S.
The Swedish Krona increased in value, increasing the cost of furniture made
in
Sweden and sold in the U.S.
Stock-outs due to the one to two month shipping time from Europe
More competition in the U.S. than in Europe
Country Comparative Advantages
Competitive advantage is a firm's ability to transform inputs into goods and services
at a maximum profit on a sustained basis, better than competitors. Comparative
advantage resides in the factor endowments and created endowments of particular
regions. Factor endowments include land, natural resources, labor, and the size of the
local population.
In the 1920's, Swedish economists Eli Hecksher and Bertil Ohlin developed the factor
proportions theory, according to which a country enjoys a comparative advantage in
those goods that make intensive use of factors that the country has in relative
abundance.
Michael E. Porter argued that a nation can create its own endowments to gain a
comparative advantage. Created endowments include skilled labor, the technology
and knowledge base, government support, and culture. Porter's Diamond of National
Advantage is a framework that illustrates the determinants of national advantage. This
diamond represents the national playing field that countries establish for their
industries.
Multi-domestic Strategy
Product customized for each market
Decentralized control - local decision making
Effective when large differences exist between countries
Advantages: product differentiation, local responsiveness, minimized political
risk, minimized exchange rate risk
Global Strategy
Product is the same in all countries.
Centralized control - little decision-making authority on the local level
Effective when differences between countries are small
Advantages: cost, coordinated activities, faster product development
A fully multi-local value chain will have every function from R&D to distribution and
service performed entirely at the local level in each country. At the other extreme, a
fully global value chain will source each activity in a different country.
Philips is a good example of a company that followed a multidomestic strategy. This
strategy resulted in:
Innovation from local R&D
Entrepreneurial spirit
Products tailored to individual countries
High quality due to backward integration
Decentralized control meant that national buy-in was required before introducing
a product - time to market was slow.
Pros
Cons
Fragmented distribution network in Europe.
Different consumer needs and preferences. For example, in Europe
refrigerators tend to be smaller than in the U.S., have only one outside door,
and have standard sizes so they can be built into the kitchen cabinet. In Japan,
refrigerators tend to have several doors in order to keep different
compartments at different temperatures and to isolate odors. Also, because
houses are smaller in Japan, consumers desire quieter appliances.
Whirlpool already was the dominant player in a fragmented industry.
Since Philip's had a relatively small market share in the European appliance market,
one must analyze the cost structure to determine if the acquisition would offer
Whirlpool a competitive advantage. With the acquisition, Whirlpool would be able to
cut costs on raw materials, depreciation and maintenance, R&D, and general and
administrative costs. These costs represented 53% of Whirlpool's cost structure.
Compared to most other industries, this percentage of costs that could benefit from
economies of scale is quite large. It would be reasonable to expect a 10% reduction in
these costs, an amount that would decrease overall cost by 5.3%, doubling profits.
Such potential justifies the risk of increasing the complexity of the organization.
LITERATURE REVIEW
High quality service products often depend on the service firm's culture, and
maintaining a consistent culture when expanding globally is a challenge.
A good example of a service firm that experienced global expansion challenges is the
management consulting firm Bain & Company, Inc. In consulting, a firm's most
important strategic asset is its reputation, so a consistent firm culture is very
important.
Bain faced the following challenges, which depend on the firm's strategy and which
affect the ability to maintain a consistent culture:
Coordinating across offices and sharing knowledge
Whether to hire locals or international staff
How to compensate
There is much value in transferring knowledge and best practices between parts of a
global firm. However, many barriers prevent knowledge from being transferred:
Barriers attributable to the knowledge source lack of motivation lack of
credibility
Barriers attributable to the knowledge itself - ambiguity and complexity
Barriers attributable to the knowledge recipient lack of motivation (not
invented here syndrome) lack of absorptive capacity - need prerequisite
knowledge to advance to next level
Barriers attributable to the recipient's existing process - process rigidity
Barriers attributable to the recipient's external environment and constraints
Furthermore, even when the transfer is successful, there often is a temporary drop in
performance before the improvements are seen. During this period, there is danger of
losing faith in the new way of doing things.
Country Management
Global Strategy
Global Strategy is just one part of the larger subject of Strategic Management.
Typically in many strategic management textbooks, International and Global Strategy.
International and Global Management is concerned with the techniques and practices
that are involved in directing and controlling international organisations. Thus, it
covers all the issues that arise as a consequence of international and global strategies.
In practice, strategy and management at the senior level of a company are inter-
related.
Take the Blackberry RIM range of mobile phones. This Canadian company has been
very successful, so far, in terms of its international and global strategy. But it began by
using the basic principles of strategic management - customer focus on the business
customer, competitive advantage through its focus on the easy email access, resource-
based analysis based on its patented technology - rather than anything specific to
global strategy.
But then Blackberry RIM added a global strategy - for example, its co-operation with
the Reliance mobile network in India shown right - to add to the basic strategy.
Background to strategic management development
In reality, strategic management is a relatively young subject. It has its roots in the
economic and social theories of the 1930s and 1940s - perhaps even earlier. But it
only really began to emerge as a separate topic in the 1960s and 1970s. Even today,
there is only partial agreement on the fundamental principles of strategic management
with many views, ideas and concepts. This makes the topic interesting and
challenging.
But it also means that there is no fully accepted body of knowledge unlike, for
example, mechanical engineering or organic chemistry. According to one recent
authorities survey amongst academic strategist there are two main streams of thought
related to strategic process:
The authors produced the following definition from their survey over the period 1983-
2004: 'The field of strategic management deals with the major intended and emergent
initiatives taken by general managers on behalf of owners, involving utilization of
resources, to enhance the performance of firms in their external environments.'
EXPORT STRATEGY
Developing a sound export strategy helps you define your export aims and match your
resources to those aims. Your export strategy will help you manage the market sectors
you have identified as core business. Focusing your resources enables you to provide
quality responses and service to your new export customers.
A well-developed export strategy will help in dealing with a range of service
providers. It singles you out as a company that has well-developed, realistic goals and
programs designed to achieve them.
An export strategy must be integrated with your company’s overall business plan.
Align export activities with daily operations and avoid any conflicts between your
domestic and international activities.
Understand the areas where you have a strong competitive advantage. These areas
may include your technology, your staff or business systems. Determine how best to
use them to achieve your export goals. Also identify any weaknesses.
Bring your key export goals into sharp focus – so you know exactly where to aim
your efforts. Particular aims could include reducing seasonal demand swings,
reducing fixed costs, fully realising production capacity, accessing new technology,
consolidating your international reputation or matching the performance of your
domestic competitors who are already selling offshore. There are excellent export
planning tools available online – see the list of websites below.
Assess the outlook for your business in the Australian market. What are the
constraints on your export growth? Apply three simple scenarios from low growth and
intense competition to a high growth situation. Prepare yourself for a range of
marketing contingencies to help assure yourself of your company’s ability to meet
varying levels of resource commitment and market demand.
The best export strategy is concise and simple. It involves on-going discipline to
assess why your company should export and how you will achieve your goals. Make
sure your objectives are clear and that all staff involved in export contribute to the
strategy.
Export Marketing Strategy assists small and medium sized businesses in increasing
their overseas sales.
1. Develop an export strategy tailored to leverage your competencies and
designed to achieve your profitability goals.
2. Market worldwide to targeted customers over their media, in their language.
4. Export Marketing Strategy will help you manage the overseas market sectors
you have identified as core business without overburdening your present
marketing
organization.
Franchising
Independence
There's a good reason the United States is called the Land of Opportunity. The
spirit of independence is one of the cornerstones in the nation's founding. That
spirit persists today in the world of business, where independent-minded
entrepreneurs take the risks and reap the rewards of running their own business.
There's something inspiring in the idea of doing it yourself, of making it on your
own. And nowhere is this spirit of independence and potential reward more clearly
available than in the world of franchising.
For decades now, franchising has offered individuals a chance at the American
Dream. Whether in response to a dead-end corporate job, fear of being laid off or
downsized, or simply in response to the entrepreneurial pull that burns in so many
of us, generations of Americans have turned to franchising for the independence
and financial fulfillment it provides. And, when carefully considered and
diligently executed, franchising can indeed offer that independence -- and a whole
lot more.
Did you know that franchise businesses generate $2.3 trillion in sales in the U.S.
each year? Or that 41 cents of every retail dollar is spent at a franchise operation?
(Especially impressive when you consider that fewer than five percent of all small
businesses are franchised.) Or that there are more than 2,900 franchise concepts in
the U.S., spanning 75 industries? That a new franchise opens every 8 minutes of
each business day? These numbers show there is little need to go out on your own
and create a business from scratch -- a very risky move considering the failure
rates of start-up businesses. Instead, through franchising, you can become an
independent business person.
A Proven System
one of the key beauties of franchising is that you can remain independent while
you tap into a proven, well-oiled business machine and all that it offers. There's no
need for you to create a product or service, no need for a proprietary business
plan, and in most cases, no need to initiate marketing and advertising plans. The
franchisor has already done all the work for you. And successful franchises
concepts have been tried, tested, and tweaked to perfection -- and are backed by
money, management, infrastructure, and an effective distribution system. What
works on the East Coast will work on the West Coast -- and everywhere in
between.
Imagine the time and resources needed to create awareness for an independent,
start-up brand. It would be tremendous. An established franchise brand already is
well-known and provides each new franchisee a market presence that is
recognizable locally, nationally, and globally.
Many franchisors also work directly with their franchisees to provide advice and
resources to help them develop effective marketing programs for their local area
through a cooperative marketing fund (you and all of your fellow franchisees have
already contributed to the fund through your fees and royalties).
Economies of Scale
This power in numbers also benefits other areas of operations, such as marketing
and advertising, as described above. Because the franchisor, you, and your fellow
franchisees are contributing to a regional and/or national marketing fund, the
amount and quality of your advertising efforts are significantly greater than if you
were an independent business operator -- providing a tremendous advantage over
independent and smaller competitors.
And when you become a franchisee, you gain immediate access to a peer group of
franchisees all across the country and world. Experienced franchisees have faced
the same problems and questions that you will face for the first time as a new
franchisee. Since every successful franchise unit helps the brand to grow as a
whole, most "veteran" franchisees will be happy to share with you how they've
handled those issues, and provide you with solutions and advice on avoiding
beginners' mistakes.
Making a List
make a short list of the kinds of industries you're interested in - food service,
senior care, home repair, etc. Review the players, the competition, and any
regional strengths and weaknesses for the industries you're considering. Older,
more established brands may look safe and solid but could be less flexible to deal
with. Likewise, newer brands may be big on innovation, but could be short of
cash, or worse, struggling financially. Evaluate your risks carefully
First-time franchisees typically invest a significant portion of their net worth into
their new business. They draw from their savings, retirement funds, home equity,
and borrow from friends, relatives, and banks for their chance at the American
Dream of working for themselves and taking control of their future. It's a huge
commitment. For most, failure is not an option.
One way to determine which franchise brand to choose is to answer a few
fundamental questions:
Level of investment
The number-one question franchise candidates ask is: How much money can I
make? Part of the answer depends on how much you invest.
Passion and enthusiasm are key ingredients in steering a business from startup to
success. Many customers of their favorite sub shop or pizza place think, "I'd love to
own one of these!" That is, until they realize they're not cut out for retail, managing
teenagers, or spending 60 or 70 hours a week in their new restaurant for a year or
two... or three. Choosing a business - and a business model - should be a "business
decision." After all, you're in it to make money, right?
Weighing the benefits and costs of franchising against those a traditional (non-
franchised) business should begin with a self-assessment. Are you able to follow a
prescribed system, or do you need the freedom to innovate and experiment? Do you
need total independence in every aspect, or can you follow a ready-made system 100
percent?
In terms of "cost/benefit," there is a price to pay for buying into a franchise system.
But there also is a price to pay in starting your own business. The pros and cons,
detailed below, must be weighed against the benefits, in terms of both investment and
personal values and goals.
Brand awareness
If you walk into any of the 30,000 Subways or McDonald's around the world, you're
guaranteed your meal will be the same (or nearly) no matter where you are. That's the
franchise proposition of uniformity and replicability. Customers know this and seek
out the reliability and familiarity of their favorite brands, which have been established
over years or decades.
Control/autonomy
When you start your own business, you're in control over every detail, large and small.
With a franchise business, you sign an agreement to follow the rules laid out by the
franchisor. (Remember, franchisees don't "own" their franchise unit: they are awarded
a license to use the franchisor's brand name, operating system, equipment, uniforms,
etc. that have been fine-tuned and perfected over many years.) Yes, you control your
franchise unit in terms of the culture and values you set, and who you hire and fire,
but you must follow the franchisor's operating system.
Operating system
Would you rather invent the wheel, or buy one ready-made? If you're the creative,
innovative type, starting your own business is the way to go. A franchised business
provides a complete, out-of-the-box business, ready to "plug and play." You have to
follow the operating manual. If you can't, fly solo.
Legal disclosure
Franchisors are required by law to disclose certain information about their business in
documents regulated by federal and state law. If you're looking to buy an existing
business from an individual, can you (and your attorney) trust the seller? And if the
seller disappears, where's your recourse? Even if a franchisor opposes you in court, at
least you have a fighting chance.
Financing
Starting your own business can cost less than buying a franchise, and many
entrepreneurs have started on a shoestring budget and succeeded. But most new
businesses require startup capital, especially for retail space and equipment. While
most franchisors do not supply financing, many have relationships with lenders who
will view that brand's referrals more favorably than an independent business owner
just starting out.
Marketing
If you're Joe's Pizza, you're on your own when it comes to marketing and advertising.
If you're a Pizza Hut franchisee, you have the power of the brand's multi-million-
dollar national and regional marketing and advertising behind you. There's a price to
pay for these benefits: a monthly contribution to a national advertising fund. But if
you're Joe, every penny to market and advertise your business comes directly out of
your bottom line.
Speed to market
You can build the most beautiful retail store or buy the perfect van for your mobile
business and fill both with the most expensive equipment. That takes time, as well as
money. Or you can sign up with a franchisor who's done this hundreds of times and be
handed a shopping list of exactly what you need to set up shop, allowing you to open
for business more quickly than if you had to research it all on your own.
Faster ROI
No matter how grand your opening, when you start your own business it takes time to
build a client base and local reputation. When you advertise a known brand name in
your new market, customers come ready-made, and the cash starts flowing faster.
Training
You may be the best at what you do, but do you know how to manage a business, hire
and train employees, market your product or service, keep the books, etc.? When you
start your own business, you must learn all these things on your own, with "rookie
mistakes" part of the learning curve. Franchisors provide new franchisees with
extensive training in every aspect of their new business, from flipping burgers to
which point-of-sale system to buy. And many offer advanced training to help you stay
on top of your business as it grows.
Franchisor support
Most entrepreneurs, franchised or not, love what they do. In fact, they're rather do
what they love, which can result in neglecting how they manage their business.
Additionally, caught up in the day-to-day details of such "mundane details" as taxes
and supplies, they fail to innovate and to develop as leaders and executives. Many
franchisors provide field support specialists to help keep their franchisees on track,
training them to become managers and leaders "working on the business, not in it."
Peer support
If you own your business, you can join the Chamber of Commerce, Rotary, or other
local business organizations, so you're not completely alone. As a franchisee, you
receive ongoing support not only from your franchisor, but also from your fellow
franchisees. This can be locally, regionally, at annual national conventions, through an
online support network, or just by picking up the phone. Local business groups are
invaluable for the networking connections they can provide, but who better to ask for
help with your business than someone who's already solved the problem you're facing
for the first time?
Product/service innovation
Introducing a new product or service that flops costs precious time and money. If you
own a traditional business, it's your time and money down the drain. Franchisors
develop new products, try them in their company-owned stores or with other
franchisees willing to test them. By the time McDonald's introduced its new line of
coffees, the kinks had already been worked out. So while it may cost a franchisee
some big money to install new equipment or introduce a new store design, the ROI is
more likely than with your own new great idea.
Site selection
There's a lot of competition out there in the retail sector. Setting up your coffee and
breakfast business on the wrong side of the street can severely hurt sales. You can hire
a site selection expert, but what do they know about your business? A franchisor can
provide teams of real estate experts, advanced site selection software, and years of
experience in finding the best sites for their brand. They also can provide expert
assistance negotiating leases with landlords - an oft-ignored, yet critical component of
profitability.
Culture/fit
In your own business, the only person you have to get along with is yourself (and your
customers and employees, if you want to have any). Many franchise experts describe
the franchisor/franchisee relationship as a marriage. Unlike a marriage, you don't sign
on for life (it's usually 5, 10, or 15 years), but you do need each other to succeed.
That's why it's so important to ask if your values and goals align with those of the
franchisor. They don't award a license and say "See you in 10 years. Be sure to send us
a check every month." It's an ongoing, win-win proposition.
You have to spend money to make money. So the old saying goes.
In franchising you can spend a lot or a little, and still make money. Once you've
decided 1) that you want a franchised business, and 2) what industry segment you'd
like to work in (fast food, home repair, pet care, etc.), it's time to determine what you
can afford. Your "budget" will limit your choices.
The cost of entry varies greatly, by both the segment you choose and the franchise
brand you select within that segment. While costs range from less than $10,000 to
upwards of $5 million, the majority of franchises run from about $50,000 or $75,000
to about $200,000 to get started.
Knowing how much you have to invest at the front end for the franchise fee and to set
up your operation - whether a retail store with inventory and staff, or a home-based or
mobile business with just one employee (you) - allows you to focus realistically on
which industries and which brands to consider.
At the low end, you can get into a home-based or mobile concept for $10,000 or less.
At the high end are hotels, which can cost more than $5 million, including the land.
Full-service restaurants run from about $750,000 to $3 million or more. Fast food
restaurants cost from about $250,000 to $1 million and up. Auto repair and
maintenance facilities run between $200,000 and $300,000. Note these are average
ranges, and the cost of entry will vary from brand to brand.
Even before you sign a franchise agreement, you will incur costs such as professional
fees (an attorney to review the contract and an accountant to work the numbers). And
before you open, depending on the type of business you choose there will be costs for
building out your store or office, inventory, equipment, insurance, employee training,
business licenses, rent, landscaping, signage, etc. Buying your own real estate can be
a significant, separate expense. Also be prepared for grand opening and initial
advertising and promotional expenses. After you open there ongoing expenses such as
interest (if you have a loan), supplies, salaries, professional fees, rent, utilities,
maintenance, uniforms, and more.
Then, of course, there is the franchise fee - the one-time entry price to use the
franchisor's brand, operating system, and to receive ongoing support in management,
training, marketing, and more. Franchise fees generally run in the $20,000 to $30,000
range, though they can top $100,000 for higher-end, more established brands. Once
open, there are ongoing royalties to pay, which typically range from 4 percent to 8
percent of gross revenues and include an ongoing assessment for a joint marketing
and advertising fund.
Liquidity - Unless you're printing money, your franchise business will take
time to turn a profit (your franchisor should be able to tell you how long).
Franchisors know this and usually require new franchisees to have a minimum
amount of liquidity in order to keep the business afloat during its first year or
more, until your bottom line turns from red to black.
Net worth - Franchisors also usually set a minimum level of net worth before
they consider someone a true candidate for their brand.
For example, a Burger King will cost about $2.2 million for a typical restaurant--if
you meet the minimum financial requirements of $1.5 million in net worth and
$500,000 in liquid assets.
Entry cost also will vary based on the size (population) of the territory awarded and
the level of services and support. For example, TSS Photography offers four different
plans to potential franchisees, based on population and on the services, equipment,
and training provided (territory cost ranges from $35,000 to $56,500). Another
photography franchise, Clix!, offers two options: 1) a full studio version, from
$218,725 to $381,040 (est.); and 2) an on-location (no studio) version from $36,235
to $77,510 (est.).
The franchise fee at Computer Medics of America is $5,000 for a population up to
150,000, and $20,000 for population of 850,000 to 1 million; after 5 years, a franchise
fee of 25 percent of the initial fee is required to renew for 10 more years. At Nerd
Force, which has a franchise fee of $12,000 for the first territory and $8,000 for each
additional territory, total startup costs range from $25,100 to $54,000 for a territory
with an approximate population of 120,000.
As the economy tightened in late 2008 and 2009, many franchisors began offering
limited-time deals on franchise fees and royalties, deferred payments, money-back
guarantees, and other promotional incentives.
Licensing
The word license simply means permission: one company grants permission to
another to do something. In an IP license, one company grants permission to another
to use its IP, to which it has exclusive rights. In a licensing agreement there are at least
two essential parties: the licensor or the party who owns the intellectual property
rights (i.e. patents, trademarks, designs, copyright or trade secrets), and the licensee or
the party who receives rights to use the IP under agreed conditions and in exchange
for payment. The payment may take the form of a flat fee or a running royalty – often
a percentage or share of the revenues gained from use of the IP right(s) in question.
While an IP license grants the licensee certain rights over the IP, it does not transfer
ownership of the rights: these remain in the hands of the licensor. You can license
companies in your domestic market, but the focus of this article is on licensing as a
strategy for international expansion.
• The licensor must have ownership of the relevant IP (or authority from the owner to
grant a license);
• The license must specify what rights with respect to IP it grants to the licensee; and
• The payment or other assets to be given in exchange for the license must be clearly
stated.
There are many different types of IP licenses: technology licenses, trademark licenses
(often included in franchising agreements), publishing and entertainment licenses,
merchandising licenses and more. Which type is relevant for you, depends on the
sector in which you’re operating.
Previously there was much debate as to what constituted a licensing agreement, with
the relevant factors cited ranging from recorder of the licence with the Trademark
.Office as a registered user agreement to the transactional nature of the agreement.
This debate was finally resolved by a landmark decision of the Apex Court of India,
which confirmed the modern trend of recognising common law licences as long as
there is de facto quality control. Thus, what is relevant is whether quality control
exists, and not the extent of such control. If there is no quality control and other
checks, the courts may consider the agreement to be a “naked licence”. This is a
licence which grants permission to use the mark without other provisions pertaining to
quality and other forms of control. A naked licence may be regarded as an inference of
abandonment, as the lack of checks could result in the public being misled, in which
case the trademark will have ceased to function as an informational device.
The quantum of quality control has not been defined or prescribed in guidelines or
through legal decisions. Based on interpretations of agreements and judicial findings,
however, it may be inferred through diverse factors such as an effective audit
mechanism, the training of personnel, the provisions of samples, a right of inspection,
financial and managerial controls, and the nature of the relationship between licensor
and licensee (eg, subsidiary/affiliate/group company). Further, many licensing
agreements contain specific quality requirements that are either included in the
agreement or attached to the schedule. These quality requirements are usually
technical in nature and not only specify the licensor’s control over activities under the
agreement, but can also spill over to cover other activities such as manufacturing
processes, marketing and advertising, sales, discounts, exchange policies and after-
sales guarantees. Pre-licensing preparations At the negotiation stage, it is advisable for
the licensor to protect its know-how, including trademarks, trade secrets and other
proprietary information, by entering into a non-disclosure agreement or memorandum
of understanding with the prospective licensee. When drafting such agreements, it is
imperative to ensure their enforceability under Indian contract law and the relevant
intellectual property statutes, and to ensure they are watertight. It may also be wise to
seek to enter into such agreements with employees and other third parties or
consultants of the licensee who might also come across the protected information.
Applicable legislation