Underneath the Golden Boy - Robson Hall Faculty of Law

360 Underneath the Golden Boy
in expanding their business. 31 The ABF has incorporated a Code of Ethics that,
unfortunately, is only available in Portuguese. 32
3. Chile
Franchising is still in its early stages in Chile. Although the first franchise opened
in 1985, franchises did not popularize until the 1990s, when the economy began
a period of continuous growth. In 2006, out of the 113 registered franchises in
Chile, 48% hailed from the United States of America, 29% from other nations
and only 23% were of Chilean origin. 33
Although Chile has yet to adopt franchise legislation, franchising has
emerged as a popular business model. Consequently, the Franchise Chamber of
Chile (“CFC”) was created in April 2005 with the goal of developing and
encouraging franchising by, inter alia, providing informational tools to potential
franchisees. 34 The CFC has composed a Franchise Offer Circular (“COF”)
comprised of a series of questions franchisees should consider asking prior to
acquiring a franchise. 35
4. Mexico
Franchising became regulated in Mexico in 1991 36 with the introduction of the
Law to Develop and Protect Industrial Property. 37 Article 20(vii) of the Law
states as its goal “to establish conditions of legal protection between parties to a
franchise, such as guaranteeing a non-discriminatory treaty for all franchisees of
the same franchisor.” Article 142 of the Law focuses solely on franchising and
begins by defining a franchise. Under the Article, a franchisor must provide a
31
Brazilian Franchise Association, “Acerca ABF,” online: Sobre ABF
.
32
Brazilian Franchise Association, Code of Ethics, online:
33
Tormo, “Chile Abre Sus Puertas a la Franquicia,” online: Actualidad – Articulos
.
34
Camara de Franquicias de Chile, “Nace la CFC,” online: Quienes Somos
.
35
Camara de Franquicias de Chile, “Circular de Oferta de Franquicia,” online: Certificacion de
Franquicias .
36
IMPI, “La Propiedad Industrial en Mexico,” online: Buscar, Franquicias
.
37
Camara de Diputados del H. Congreso de La Union (Centro de Documentacion, Informacion y
Analisis), Ley de la Propiedad Industrial, online:
.