Must franchisees assist Amorino in obtaining intellectual property rights for Improvements?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
You and your Principals agree to assist Amorino in obtaining and enforcing the intellectual property rights to any such Improvement in any and all countries and further agree to execute and provide Amorino with all necessary documentation for obtaining and enforcing such rights.
You and your Principals hereby irrevocably designate and appoint Amorino as agent and attorney-in-fact for you and for them to execute and file any such documentation and to do all other lawful acts to further the prosecution and issuance of patents or other intellectual property right related to any such Improvement.
In the event that the foregoing provisions of this Section are found to be invalid or otherwise unenforceable, you and your Principals hereby grant to Amorino a worldwide, perpetual, non-exclusive, fully-paid license to use and sublicense the use of the Improvement to the extent such use or sublicense would, absent this Agreement, directly or indirectly infringe on you or your Principals' rights therein.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, franchisees and their principals must assist Amorino in obtaining and enforcing intellectual property rights for any improvements made. This includes helping Amorino in any country and providing all necessary documentation to secure and protect these rights.
To ensure Amorino can act swiftly, franchisees irrevocably appoint Amorino as their agent and attorney-in-fact. This allows Amorino to execute and file necessary documents and perform lawful acts to pursue patents or other intellectual property rights related to any improvement.
In the event that any of these provisions are deemed invalid or unenforceable, the franchisee grants Amorino a worldwide, perpetual, non-exclusive, fully-paid license to use and sublicense the improvement. This ensures Amorino can still utilize the improvement even if the initial assignment is challenged. This license applies to the extent that the franchisee's or their principals' rights would be directly or indirectly infringed upon without this agreement.