Monday, 26 March 2018

Franchising and IP

Intellectual Property forms an important element of the Franchise model.

This is because the Franchisor (or an associated entity, sometimes called a "Licensor") will own:
  • one or more registered trademarks; and 
  • copyrighted material. 
Through the Franchise Agreement, the Franchisor will grant its Franchisees a licence to use those trademarks and copyright in relation to the Franchised Business being operated by the Franchisee.

Other forms of intellectual property, such as, trade secrets are also a key part of the Franchise model, as the Franchisor will grant the Franchisee access to various processes and procedures, often summarised in a Franchise Operations Manual. 

The Franchise Agreement will include certain confidentiality and restraint obligations on the Franchisee not to use the trade secrets other than for authorised purposes.

Greyson Legal are leading Australian Franchise Lawyers.

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The material provided in this document is for general information only and is not to be relied upon as advice. No responsibility is accepted for any loss, damage or injury, financial or otherwise, suffered by any person or organisation acting or relying on this information or anything omitted from it.

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