Who decides what action to take regarding infringement of Intellectual Property for Bevaris Alliance?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 15.4 Conduct of proceedings. The Franchisor shall have conduct of any proceedings relating to the Intellectual Property and may take whatever action it, in its sole discretion, decides in respect of any infringement or alleged infringement of it, or arising from its use.
The Franchisee shall co-operate with the Franchisor in taking such action and the Franchisor shall meet any reasonable expenses of the Franchisee in doing so.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, Bevaris Alliance retains control over any legal proceedings related to its intellectual property. Specifically, Bevaris Alliance has the authority to decide what actions to take if there is an infringement or alleged infringement related to its intellectual property.
As a Bevaris Alliance franchisee, if you become aware of any potential or actual infringement of the brand's intellectual property, you are required to immediately inform Bevaris Alliance and provide all the details requested. While the franchisee is obligated to cooperate with Bevaris Alliance in any legal action, Bevaris Alliance is responsible for covering the franchisee's reasonable expenses incurred during this cooperation.
This arrangement is typical in franchising, as the franchisor needs to protect its brand and system standards. However, the franchisee is responsible for using the intellectual property as permitted by the franchise agreement and the manual. The franchisee cannot register any confusingly similar intellectual property, license the intellectual property to others, or take any actions that could harm Bevaris Alliance's rights to its intellectual property.