Who owns the improvements, inventions, and developments made by the Deka Lash franchisee for use in the system?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
You and we will use reasonable efforts to continuously improve the products, processes, and services used in our system and to develop new products, processes, and services for use as part
of the system. All the improvements, inventions, and developments you make, develop, or create for use in the system or arising from or related to the system or any of our Confidential Information will be our property and we, our parent, and our affiliates alone will hold any patent, trademark registration or other form of protection for those improvements, inventions, developments, processes, methods, and practices.
Source: Item 13 — TRADEMARKS (FDD pages 44–45)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, any improvements, inventions, or developments that a franchisee makes for use in the Deka Lash system become the property of Deka Lash, its parent company, and its affiliates. This includes anything arising from or related to the system or any of Deka Lash's confidential information.
This means that if a Deka Lash franchisee develops a new technique, process, or product related to eyelash extensions or the Deka Lash system, the rights to that innovation belong to Deka Lash. Deka Lash, its parent, and affiliates have the sole right to pursue patents, trademark registrations, or other protections for these developments.
This is a fairly standard clause in franchise agreements. It ensures that the franchisor maintains control over the brand and system standards. For a prospective franchisee, this means that while they are encouraged to contribute to the system's improvement, they will not own the intellectual property rights to their contributions. It is important for franchisees to understand this aspect, as it could impact their motivation to innovate within the Deka Lash system. Franchisees should seek clarification on how they might be recognized or compensated for their contributions, even if they don't retain ownership.