Who has the right to conduct proceedings related to the 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 the right to manage any legal proceedings pertaining to its intellectual property. Specifically, Bevaris Alliance has the authority to decide on actions regarding infringements or alleged infringements related to its intellectual property.
As a franchisee, if you become aware of any potential or actual infringement of Bevaris Alliance's intellectual property, you are obligated to inform Bevaris Alliance immediately, providing all the details requested by them. You are required to cooperate with Bevaris Alliance in any legal actions they decide to take.
While franchisees are obligated to assist, Bevaris Alliance will cover the reasonable expenses incurred by the franchisee for their cooperation. This arrangement protects the Bevaris Alliance brand and intellectual property, while also ensuring that franchisees are not unduly burdened with legal costs when assisting in these matters.