Is a Bambu franchisee required to disclose inventions related to the shoppes?
Bambu Franchise · 2025 FDDAnswer from 2025 FDD Document
All copyrightable or patentable works, and all discoveries, developments, designs, improvements, inventions or other information of a proprietary nature created by Franchisee or any of its owners, officers or employees in connection with the shoppe, including but not limited to any enhancements or improvements in the Bambū system, shall be the sole property of Bambu.
Franchisee shall assign, or cause its owner, officer or employee to assign, all proprietary rights, including copyrights, in these works to Bambu without additional consideration.
Franchisee hereby assigns and will execute (or will cause its owner, officer or employee to assign and execute) such additional assignments or documentation to effectuate the assignment of all intellectual property, inventions, drink and food item preparation information, recipes, copyrights, trademarks and trade secrets developed in part or in whole in relation to the shoppe, during the term of this Agreement, as Bambu may deem necessary in order to enable it, at its expense, to apply for, prosecute and obtain copyrights, patents, trademarks or other proprietary rights in the United States and in foreign countries or in order to transfer to Bambu all right, title, and interest in said property.
Franchisee shall promptly disclose to Bambu all inventions, drink and food item preparation information, recipes, discoveries, improvements, creations, patents, copyrights, trademarks and confidential information relating to the shoppes and the Bambū system which it or any of its owners, officers or employees has made or may make solely, jointly or commonly with others and shall promptly create a written record of the same.
Source: Item 23 — Receipts (FDD pages 52–209)
What This Means (2025 FDD)
According to Bambu's 2025 Franchise Disclosure Document, a franchisee is required to disclose any inventions related to the shoppe. Specifically, the franchisee must promptly disclose to Bambu all inventions, recipes, and other creations related to the shoppes. This includes anything the franchisee or their owners, officers, or employees make, either individually or jointly with others.
This requirement ensures that Bambu maintains control over any improvements or innovations to the Bambu system. The franchisee must also create a written record of these inventions and discoveries. This obligation extends to all inventions, recipes, discoveries, improvements, creations, patents, copyrights, trademarks, and confidential information relating to the shoppes and the Bambu system.
Furthermore, any approved changes or improvements to the Bambu system or the Marks become the exclusive property of Bambu. The franchisee is required to assign all proprietary rights, including copyrights, in these works to Bambu without additional compensation. This includes executing additional assignments or documentation to transfer all intellectual property developed during the term of the agreement to Bambu, allowing Bambu to pursue patents, trademarks, or other proprietary rights.