With increasing frequency, intellectual property professionals find themselves advising clients who wish to expand their businesses through franchising. However, many IP professionals are unaware of the nuances of franchise law and how these could impact a client's IP rights. Key IP issues arise for both franchisors and franchisees at all stages of the franchise relationship, including IP-related disclosure obligations mandated by statute, and the desire to avoid contractual arrangements that could be deemed an "accidental franchise". Once a franchise agreement is terminated, franchisors must proactively de-brand and enforce their intellectual property rights to prevent any misuse by their former franchisee.
The session will cover:
- Overview of franchise legislation in Canada, including the consequences for failure to make adequate disclosure and how to avoid being deemed an accidental franchise
- Different types of IP in a franchise system and how each of these elements is addressed at the different stages of a typical franchise relationship
- Planning ahead for termination of a franchise agreement and enforcing post-termination obligations
Join this expert panel of IP and franchise lawyers to learn about the interplay between IP and franchising issues.
