What does 'Intellectual Property' mean in the context of a Bhc franchise?
Bhc Franchise · 2025 FDDAnswer from 2025 FDD Document
"Intellectual Property" means creations of the mind, including inventions, literary and artistic works, designs, symbols, names, and images owned by Franchisor and used in the Franchised Business or at the BHC Restaurant.
"IP Rights" means all past, present, and future rights of the following types, which may exist or be created under the laws of any jurisdiction in the world: (i) rights associated with works of authorship, including exclusive exploitation rights, copyrights and moral rights; (ii) trademark and trade name rights and similar rights; (iii) trade secret rights; (iv) patent and industrial property rights; (v) other proprietary rights in intellectual property of every kind and nature; and (vi) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applications for, any of the rights referred to in clauses (i) through (v) of this paragraph.
Source: Item 23 — Receipts (FDD pages 52–230)
What This Means (2025 FDD)
According to Bhc's 2025 Franchise Disclosure Document, Intellectual Property refers to creations of the mind owned by Bhc and used in the franchised business or at the Bhc Restaurant. These creations include inventions, literary and artistic works, designs, symbols, names, and images. Bhc's Intellectual Property is a crucial component of the franchise system.
The FDD also defines 'IP Rights' as encompassing all past, present, and future rights associated with works of authorship, trademarks, trade names, trade secrets, patent and industrial property rights, and other proprietary rights. These rights extend globally and include registrations, renewals, extensions, and applications related to these rights.
Bhc's franchise system relies heavily on its intellectual property, including proprietary marks, know-how related to Bhc Products, advertising and marketing programs, training programs, and various materials. Bhc retains ownership of any modifications or improvements to the system, which automatically become part of Bhc's Intellectual Property. Franchisees must acknowledge Bhc's ownership and agree not to infringe upon or contest the validity of Bhc's Intellectual Property during and after the franchise term. Bhc also has the right to use the franchisee's name, image, and likeness for marketing and promotion purposes related to Bhc's Intellectual Property.