论特许经营中知识产权的滥用与规制

特许经营是21世纪国际经济贸易的主要商业经营模式。特许经营的核心是包括商标、专利、商业秘密等知识产权以及产品经销权、经营模式所构成的特许权的使用许可,特许人以此对被特许人进行持续的监督、控制。而知识产权本身是一种合法的垄断权,常常被滥用而引起限制竞争的效果。西方主要国家均对特许经营进行反垄断法规制,而且立法日趋严格,对我国具有借鉴意义,我国应建立完善以反垄断法为核心的法律体系,用以规制特许经营中的知识产权滥用行为。     

U.S.-Based Fast-Food Restaurants: Factors Influencing the International Expansion of Franchise Systems

Studies of international franchising are scant but increasing and can be divided into two streams of research: those focusing on environmental predictors of internationalization and those focusing on strategic, firm-level characteristics. Examining the latter category, this study empirically explores a set of firm-level attributes as predictors of decision making on whether firms seek international expansion. Using longitudinal data from Bond's Franchise Guide 2001–2008, we draw on a sample of U.S.-based fast-food franchise systems to test our hypotheses. Specifically, our database is composed of 1,058 observations of 158 chains, and we estimate a semi-parametric logistic model for international franchising. The model contributes to the literature by being the first to examine the nonlinearity of international franchising determinants using agency theory. The results show that (a) bonding, (b) the percentage of franchised units, (c) the number of states within which the system operates, and (d) the provision of area development agreements and sub-franchising significantly contribute to the international expansion of U.S.-based fast-food franchisors.     

Does Franchising Create Value? An Analysis of the Financial Performance of US Public Restaurant Firms

It is commonly believed that the franchising method of distribution provides strategic and operational benefits to the companies that adopt it. These benefits should result in superior financial performance as compared to that of firms that do not use franchising. Yet, the empirical evidence of the effects of franchising on financial performance is sparse and mixed. The purpose of this article is to examine the empirical evidence of the impact of franchising on US publicly traded restaurant firms. The results provide some evidence that franchising firms create more market and economic value than do non-franchising firms in the US public restaurant sector.     

Does franchising help restaurant firm value?

A company's financial performance is of keen interest to many groups of people, including management, employees, shareholders, government, and so on. Although franchising has been one of the most common strategies to maximize a firm's financial performance in the restaurant industry, little research has been conducted regarding the relationship between the degree of franchising and the restaurant firm's financial performance. This study initially proposed a sigmoid relationship between the degree of franchising and the restaurant firm's financial performance based on the diversification theory. Findings, however, do not fully support the sigmoid relationship; rather a more quadratic or inverted U-shaped relationship was found.     

Does franchising pay? Evidence from the restaurant industry

Franchising has taken a prominent position in service industries for several decades, but little is known about how franchising affects financial performance. Thus, we addressed the question of whether chains that franchise to some extent outperform those that are wholly owned. Then, among chains that franchise, we also addressed the question of whether more franchising is better – that is, whether the proportion of a chain's units that are franchised is associated with superior financial performance. To answer these questions, our study first compares the risk-adjusted performance of franchising vs. non-franchising restaurant firms. Second, it investigates the relationship between franchising propensity and firm financial performance. We considered five different measures of firm financial performance: the Sharpe ratio, the Treynor ratio, the Jensen index, the Sortino ratio, and the upside potential ratio. On comparison of franchising and wholly owned firms, all five measures indicated that franchising firms outperformed their non-franchising counterparts. When we focussed on just the franchising firms, however, the results were less clear. Among firms that franchise, the franchising–performance relationship was positive and significant only with respect to the Jensen index. Thus, we provide very robust evidence that franchising pays – that is, that some franchising is good – but among firms that franchise, it is unclear whether more franchising is better.     

Franchise,innovation and entrepreneurship

Since franchise business can be an alternative to independent business, it seems interesting to look at those factors that encourage individuals to choose franchise rather than independent business. It is also relevant to consider the role of innovation because it is generally accepted that independent business facilitates innovations to a greater degree than does franchise. The main goal of this paper is to determine the factors that encourage individuals to choose franchise activity and what role plays innovation in their decision.