Is the Gokhale Method's software considered proprietary intellectual property?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
Included in our Confidential Information are the Teachers' Manual; teaching scripts and Policy Statements; the information, know-how and techniques that we have imparted to you; proprietary software; and any other information we have provided to you that is not available to the general public.
10.4. Changes and Revisions. We may from time to time revise the contents of the Teachers' Manual, Policy Statements, scripts and any other teaching methods or content, and you expressly agree to comply with each new or changed standard.
10.5. Irreparable injury. You acknowledge that any failure to comply with the requirements of this Section 10 will cause us irreparable injury, and you agree to pay all court costs and reasonable attorneys' fees incurred by us in obtaining specific performance of, or an injunction against violation of, the requirements of this Section 10, or such other relief sought by us.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 25–26)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, the franchisor considers its proprietary software as confidential information and intellectual property. Specifically, the Gokhale Method considers its teaching script, Teacher's Manual, software, advertising materials, and other materials provided to the franchisee for use or public dissemination as proprietary intellectual property.
This means that as a Gokhale Method franchisee, you are granted the right to use the software, but you do not own it. You are also prohibited from disclosing it to unauthorized parties. This protection extends to other elements of the Gokhale Method system, including the Teacher's Manual, teaching scripts, and any other information not available to the general public.
As a franchisee, you must recognize and respect Gokhale Method's ownership of its intellectual property. You cannot dispute their ownership. You are also obligated to maintain the confidentiality of the software and other designated confidential information both during and after the term of your franchise agreement. This is a fairly standard practice in franchising, as franchisors need to protect their brand and system from being copied or misused.
If a franchisee were to violate these confidentiality and intellectual property terms, Gokhale Method states that it would cause irreparable injury to the company. The franchisee would then be liable for all court costs and reasonable attorney's fees incurred by Gokhale Method in obtaining specific performance or an injunction against the violation.