There are many aspects to consider when establishing or contracting in a foreign country such as Costa Rica, Laws, local costumes, taxes, special distribution laws, credibility and solvency of the local contracting parties, intellectual property, licensing, costs and other very important considerations.

At Franquicias Fournier, we provide the following advise to our clients in order to make the contract and the subsequent relation with the franchisee, distributor or representative as smooth and straight forward as possible:

LEGAL AND REGULATORY FEASIBILITY OF THE FRANCHISE PLAN: 

	Structuring and documenting franchise and distribution contracts and programs, including agreements and collateral documents.
	Restructuring existing franchise and distribution relationships;
	Franchise and dealership terminations, transfers and counseling on compliance with relationship regulation;
	Addressing relationship problems and counseling regarding methods to enhance franchise and distribution relationships;
	Representing franchise and distribution companies in litigation, arbitration, mediation, and other alternative dispute resolution techniques;
	Advising franchising and distribution companies with respect to the impact of developments in technology and communication on their franchise and distribution relationships, including electronic commerce issues;
	Expansion into Other Central American countries through master franchising, area development relationships, joint ventures and other structures;
	Advising buyers of area development and master franchises, joint ventures, and negotiating related agreements;
	Advising companies that provide materials and supplies to franchise networks.

LEGAL AND REGULATORY ANALYSIS OF THE COSTA RICAN MARKET

	Explanation of the Costa Rican LAW N°. 6209, denominated “PROTECTION FOR THE REPRESENTATIVES AND DISTRIBUTORS OF FOREIGN COMPANIES”
	Tax matters involving income, sales, customs and withholding taxes, also, possible tax credits.
	Full study of the provisions of Foreign Franchising Contract under the Civil & Commercial Codes.
	Termination rights and obligations. How the franchiser can obtain a "protective shield" in case of termination.
	Regulation of Labor Issues under the Costa Rican Laws.
	Regulation of Intellectual Property Laws.
	Regulation of Antitrust Issues (tying, market share and competition rules).
	Export and Import Rules on Duties.

INTERNATIONAL FRANCHISING AND DISTRIBUTION

Our Firm has been active in the Central American emerging franchising and distribution markets assisting major franchising companies that include the following:

	Blockbuster Video International Corp.,		Ruby Tuesday Inc.,
	DFO, Inc. (Denny's Restaurants),		Armstrong World Industries Inc.,
	Outback Steakhouse,		El Fogoncito de Mexico,
	Hard Rock Café,		Servicios de Pasteleria (SPOON) and
	Renaissance Hotel Holdings, Inc. (Ramada International)		Himatsu Pharmaceutical Co., Inc. (Japan)
	Parfums Givenchy WHD, Inc (France)		Guerlain Parfums (France)

We are ready to oversee the franchising opportunities of our clients in the Central American market from Costa Rica through our network of law firm partnerships and correspondents.

ANTITRUST AND TRADE REGULATION

Antitrust and trade regulation law, both domestic and foreign, inevitably impacts, often significantly, franchise and distribution relationships, with many antitrust principles applying specifically to the relationship between manufacturer and dealer, franchiser and franchisee and seller and buyer. Our firm's antitrust lawyers are involved regularly in counseling clients on the antitrust aspects of distribution arrangements and in litigating those issues.  Our firm has a strong experience in antitrust disputes before the Competition Commission of the Ministry of Economy and Commerce.

Trademarks and Other Intellectual Property

Trademarks are essential to a franchise and distribution network. Our Franquicias Fournier working group enlists the assistance of “AFAmark” (Intellectual Property Group) who concentrate their practice in all aspects of trademarks, patent, copyright, Intellectual Property Enforcement and trade secret law, including computer software, licensing, advertising, the development of a competitive brand image, labeling, trade dress, the licensing of collateral products, trademarks, service marks, names, likenesses and logos -- the full range of matters associated with intellectual property law.

AFAmark provides counseling on the selection, use and protection of trademarks and service marks; filing and opposing applications for registration of marks; advice on unfair competition and infringement matters relating to trademarks and trade dress; and representation in opposition and cancellation proceedings before the Intellectual Property Office and Appellate Tribunal and in infringement litigation in court. We prepare trademark and copyright registration documents, patent applications and numerous types of license and other intellectual property agreements.

As franchise and distribution clients consider Costa Rica and/or Central America, AFAmark will counsel them on strategies to protect their marks in each of their target markets. (Enclosed at the end, please find Intellectual Property Information)

EVALUATING POTENTIAL PARTNERS, FRANCHISEES OR ACQUISITION TARGETS

Franquicias Fournier offers the possibility of finding potential investors, partners, franchisees or acquisition targets in the franchising area to offer to our clients. Our Firm’s list of potential franchisees is composed by a group of well-known Central American entrepreneurs with impeccable reputation.

The advantage for our clients is finding the right investor in Costa Rica and/or Central America without, the trouble of shopping around for it.

Litigation

Our litigation department has considerable experience in the litigation field having represented clients such as:

	LEP Profit, Inc.,		KHD Deutz of America Corporation,
	Penn Racket Sports, Inc.,		Electromecánica, S.A.,
	American Express Company,		Blue Bird Corporation,
	Kosiuko Costa Rica, S.A.,		Nippon Express USA, Inc.
	Coleman Company, a division of SunBeam Corporation