Who owns the innovations developed by a Chocolate Fish Coffee franchisee?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
- 11.6 Innovations. Franchisee shall disclose to Chocolate Fish Franchising all ideas, plans, improvements, concepts, methods and techniques relating to the Business (collectively, "Innovations") conceived or developed by Franchisee, its employees, agents or contractors.
Chocolate Fish Franchising will automatically own all Innovations, and it will have the right to use and incorporate any Innovations into the System, without any compensation to Franchisee.
Franchisee shall execute any documents reasonably requested by Chocolate Fish Franchising to document Chocolate Fish Franchising's ownership of Innovations.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to Chocolate Fish Coffee's 2024 Franchise Disclosure Document, any innovations conceived or developed by a franchisee, their employees, agents, or contractors related to the business automatically become the property of Chocolate Fish Coffee. These innovations encompass all ideas, plans, improvements, concepts, methods, and techniques pertaining to the Chocolate Fish Coffee business.
This means that if a franchisee develops a new coffee brewing method, a more efficient customer service process, or any other improvement related to the Chocolate Fish Coffee business, they are obligated to disclose it to the franchisor. Chocolate Fish Coffee then has the right to use and incorporate these innovations into the broader Chocolate Fish Coffee system without providing any compensation to the franchisee who developed them.
The FDD specifies that franchisees must execute any documents reasonably requested by Chocolate Fish Coffee to formally document the franchisor's ownership of these innovations. This clause underscores the importance of understanding that any creative or inventive work related to the franchise essentially becomes the property of Chocolate Fish Coffee, limiting the franchisee's ability to independently profit from or utilize such developments outside of the franchise agreement.