Is the Gokhale Method's teaching script considered proprietary intellectual property?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
Although we haven't filed any applications for copyright registration, we claim copyright protection as well as trade secret protection for the teaching script, Teacher's Manual, software, advertising materials, and other materials we give you for your use or for public dissemination, other proprietary information and publications we own or have acquired under license from a third party, and everything concerning the Gokhale System. You may resell products that are protected by patents owned or licensed to us, but have no rights to the underlying intellectual property.
We do not include in the Franchise Agreement any provision requiring us to protect the Patents or copyrights, or to defend, indemnify you or hold you harmless if a third party sues you for infringement for using our patented products. The Franchise Agreements do not provide you any rights if you decide to modify or discontinue the subject matter of the patents and copyrights.
There are no pending infringement, opposition or cancellation proceedings with respect to the patents or copyrights disclosed herein. There is no material litigation involving the patents or copyrights we know of, or any prior rights or infringing uses that could affect your right or ability to use the patents or copyrights in this state. There are no agreements that limit our rights to use or license the use of the patents or copyrights that are material to the franchise.
All of this is our proprietary intellectual property.
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 teaching scripts are considered proprietary intellectual property. Gokhale Method claims copyright protection and trade secret protection for the teaching script, Teacher's Manual, software, advertising materials, and other materials provided to the franchisee. This extends to materials for the franchisee's use or public dissemination, other proprietary information and publications owned or licensed from a third party, and everything concerning the Gokhale System.
This means that as a franchisee, you are granted the right to use these materials but do not own the underlying intellectual property. You may be able to resell products protected by patents owned or licensed to Gokhale Method, but you cannot claim ownership of the intellectual property itself.
The FDD also states that Gokhale Method does not include any provision in the Franchise Agreement requiring them to protect the patents or copyrights, or to defend, indemnify, or hold the franchisee harmless if a third party sues for infringement for using their patented products. The Franchise Agreements also do not provide any rights if the franchisee decides to modify or discontinue the subject matter of the patents and copyrights. This indicates that the franchisee bears the risk of potential infringement claims related to the use of these materials. Therefore, it is important for a prospective franchisee to understand the scope of these protections and potential liabilities before investing in a Gokhale Method franchise.