Who owns the copyrights and patents related to the Burneys Sweets More system?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
- (f) Copyrights and Patents.
Franchisee acknowledges that as between Franchisee and Franchisor, any and all present or future copyrights and patents relating to the System or the BURNEY'S SWEETS & MORE concept, including, but not limited to, the Brand Standards Manual, menus, construction plans and specifications, and marketing materials belong solely and exclusively to Franchisor.
Franchisee has no interest in Franchisor's copyrights or patents beyond the nonexclusive License granted in this Agreement.
- (g) Ideas and Innovations.
All concepts, recipes, inventions, ideas, applications, trademarks, service marks, enhancements, modifications, improvements or other processes, methods and designs, technologies, techniques, materials, computer software, electronic code, original works of authorship, formulas, patents, copyrights, marketing and business plans and ideas, and all improvements and enhancements thereto that Franchisee or any of its Owners, affiliates, guarantors, managers, directors, officers, employees, or contractors may develop, invent, discover, conceive or originate, alone or in conjunction with any other person or persons during the Initial Term or any Renewal Term that relate in any way, either directly or indirectly, to the Franchised Business and/or the System (collectively referred to as "Inventions and Ideas"), either
in whole or in part, shall be the exclusive property of Franchisor. Franchisee must promptly disclose the existence of any and all Inventions and Ideas to Franchisor. To the extent any Invention or Idea does not qualify as a "work made-for-hire" for Franchisor, Franchisee and all its Owners and guarantors of this Agreement hereby assign to Franchisor, without compensation, all right, title and interest in such Inventions and Ideas, and agree that they will execute any and all instruments and do any and all acts necessary or desirable to establish and perfect in Franchisor the entire right, title and interest in such Inventions and Ideas. Franchisor may incorporate such Inventions and Ideas into the System. As Franchisor may reasonably request, Franchisee shall, at Franchisor's expense, take all actions reasonably necessary to assist Franchisor's efforts to obtain or maintain intellectual property rights in any item or process related to the System, whether developed by Franchisee or not.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, the franchisor, not the franchisee, owns the copyrights and patents related to the Burneys Sweets More system. This includes, but is not limited to, the Brand Standards Manual, menus, construction plans and specifications, and marketing materials. The franchisee only has a nonexclusive license to use these items as granted in the Franchise Agreement.
This means that a Burneys Sweets More franchisee cannot claim ownership of any aspect of the Burneys Sweets More system's intellectual property. The franchisee's rights are limited to the specific usage granted in the franchise agreement. Any concepts, recipes, inventions, ideas, applications, trademarks, service marks, enhancements, modifications, improvements or other processes, methods and designs, technologies, techniques, materials, computer software, electronic code, original works of authorship, formulas, patents, copyrights, marketing and business plans and ideas, and all improvements and enhancements that the franchisee develops related to the Burneys Sweets More business become the exclusive property of the franchisor.
Burneys Sweets More franchisees must disclose any such inventions or ideas to the franchisor. They must also assist the franchisor in securing intellectual property rights for anything related to the system, even if the franchisee developed it. This is a fairly standard clause in franchise agreements, as it protects the uniformity and brand identity of the franchise system. It also ensures that any improvements or innovations become part of the overall system, benefiting all franchisees, but the franchisee will not be compensated.