Who owns the intellectual property rights to any Improvement developed for an Amorino store?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
Any such Improvement shall become Amorino's sole property and Amorino shall be the sole owner of all related patents, patent applications, and other intellectual property rights.
You and your Principals hereby assign to Amorino (or if a formal assignment is required you agree to execute such assignment) any rights you or your Principals may have or acquire in the Improvements, including the right to modify the Improvement, and waive and/or release all rights of restraint and moral rights therein and thereto.
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, any Improvement made to the Amorino system becomes the sole property of Amorino. This means that Amorino will own all related patents, patent applications, and other intellectual property rights associated with any such Improvement.
As a franchisee, you and your principals are required to assign any rights you may have or acquire in these Improvements to Amorino. This includes the right for Amorino to modify the Improvement. You also waive all rights of restraint and moral rights related to the Improvement.
Furthermore, you agree to assist Amorino in obtaining and enforcing intellectual property rights to any Improvement in any country. This includes providing Amorino with all necessary documentation. Amorino is irrevocably designated as your agent and attorney-in-fact to execute and file any documentation and perform lawful acts to secure patents or other intellectual property rights related to any Improvement. If the assignment of rights is deemed invalid or unenforceable, you grant Amorino a worldwide, perpetual, non-exclusive, fully-paid license to use and sublicense the Improvement.