Consulting an attorney is critical since rules on licensing also vary from country to country. Be careful that the agreement does not violate host country antitrust laws. Under the antitrust laws of many countries, the licensee cannot set the price at which a product will be re-sold by the licensor. In contrast to licensing arrangements, foreign manufacturing joint ventures allow for the U.S. company to have a stake and management role in the foreign operation. Joint ventures require more of a direct investment than licensing and require training, management assistance and technology transfer.
Joint ventures can be equity or non-equity partnerships.
Equity joint ventures are contractual arrangements with equal partners. Non-equity ventures involve the host country partner in the arrangement with a greater percentage. In some countries, a joint venture is the only way for a foreign company to set up operations. Laws often require that a certain percentage of stock belong to a citizen of the host country. Foreign manufacturing joint ventures are risky in that geographical and cultural factors may interfere with the smooth running of operations.