What is the Franchisee's obligation to Bevaris Alliance if they learn of any threatened infringement of the Intellectual Property?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 15.3 Obligation to report.
If the Franchisee learns of any threatened or actual infringement of the Intellectual Property, or of any circumstance which suggests that the use of the Intellectual Property may infringe the intellectual property of a third party, it shall immediately inform the Franchisor, giving all such details as the Franchisor requests.
- 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, if a franchisee becomes aware of any potential or actual infringement on Bevaris Alliance's intellectual property, or any situation suggesting that the use of their intellectual property might infringe upon a third party's intellectual property, the franchisee is obligated to immediately inform Bevaris Alliance. This notification must include all details requested by Bevaris Alliance.
Bevaris Alliance retains control over any legal proceedings related to its intellectual property. Bevaris Alliance has the sole discretion to decide what actions to take regarding any infringement or alleged infringement. The franchisee is required to cooperate with Bevaris Alliance in taking such action, and Bevaris Alliance will cover any reasonable expenses incurred by the franchisee for their cooperation.
This obligation ensures that Bevaris Alliance can protect its trademarks, service marks, copyrights, and other proprietary information. It also prevents franchisees from taking actions that could harm the brand's intellectual property rights. The franchisee also must not apply for registration of any of the Intellectual Property.