Is the Gokhale Method's Teacher's Manual considered proprietary intellectual property?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
- 10.2. Intellectual Property. You recognize and agree that the Gokhale Method is comprised of intellectual property, trade secrets, and proprietary information that we own.
You agree that we own that property and you will not dispute our ownership.
- 10.3. Confidentiality. We may designate any information provided to you as "Confidential," and you agree that you will not disclose it, during or after this agreement, except as we may, in writing, permit you to do so.
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 Teacher's Manual is considered confidential information and proprietary intellectual property. The FDD specifies that the Gokhale Method is comprised of intellectual property, trade secrets, and proprietary information owned by the franchisor. Franchisees must recognize and agree to this ownership and not dispute it.
The Teacher's Manual, along with teaching scripts, policy statements, know-how, techniques, proprietary software, and any other non-public information provided, are all designated as confidential information. Franchisees are prohibited from disclosing this information during or after the franchise agreement, unless expressly permitted in writing by Gokhale Method. This confidentiality clause underscores the importance of protecting the Gokhale Method's unique teaching methods and business practices.
Gokhale Method retains the right to revise the contents of the Teacher's Manual, policy statements, scripts, and any other teaching methods or content. Franchisees must comply with any new or changed standards. Failure to comply with these confidentiality requirements could cause irreparable injury to Gokhale Method, potentially leading to legal action, including specific performance or injunctions, with the franchisee responsible for all court costs and reasonable attorney's fees incurred by Gokhale Method.