|Korea Franchise Law|
Korea has a very broad definition of a “franchise” under Korea’s Franchise Law. The definition of a franchise, in Korea, is noted in Korea’s Franchise Act and has been fairly consistently applied by the courts and Korea’s Fair Trade Commission. If you are deemed a franchise in Korea, you shall have disclosure and other requirements prior to offering your franchise for sale in Korea.
Korea’s Franchise Act defines a franchise as:
“a continuous business relationship in which the franchisor allows the franchisee to sell goods or services under certain quality standards and business method using its trademarks, service marks, trade name, signs and other business marks (“Business Marks”) and supports, educates and controls the franchisee with regard to relevant management and operating activities, and in which the franchisee must pay franchise fees to the franchisor in return for the use of the Business Marks and the support and education concerning the management and operating activities.”
This broad definition of a Korean franchise leads to most relationships where a company owning Business Mark maintains a degree of “control” over another company as a franchise relationship when a fee is charged for the use of the Business Mark. The definition has been interpreted broadly by the courts and the Fair Trade Commission of Korea. Thus, prior to “licensing” your trademark to any individuals in Korea, please consider whether your relationship with the licensee is, actually, a franchise relationship. Operating under a “license agreement” does not guarantee that the relationship is a mere license relationship. Korea considers the reality of the relationship over the mere form of the agreement and if you choose a license agreement, you may be stuck with an agreement that is harder to terminate and forces renewal.
All franchises, in Korea, must be registered with the Korean Fair Trade Commission. Ramifications for not registering may be severe. Register your franchise and obtain a great business-savvy franchise agreement drafted by an attorney in Korea with substantial experience with Korea’s Franchise Law and business climate.
Please note that few lawyers, in Korea, are adept at franchise law even those writing about Franchise Law on the internet. Franchise law is a true specialty in Korea that requires a deep understanding of franchise jurisprudence in Korea, a working relationship with Korea’s Fair Trade Commission, and an understanding of the business side of franchising.
For a consultation with a Korean Franchise Lawyer: please schedule a call with a Korean franchise lawyer.
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