A lack of competent management of copyright in businesses seems to be a persistent problem.  By Eugene Honey Too often, due to a lack of understanding and knowledge, the management of copyright as a valuable asset is neglected. This places the franchisor at risk by severely hindering their options when it becomes necessary to enforce its rights against errant franchisees engaging in unauthorized use of key components of the business system. The valuable assets in a typical franchise system which enjoy copyright protection and which are licensed to the franchisees, include the: ·                Operations manual; ·                Intranets; ·                Corporate materials, reports and documentation; ·        ...

Franchisors who fail to adhere to the CPA requirements regarding disclosure place their company at a substantial risk and may even find themselves facing stiff fines and/or imprisonment. By Eugene Honey Despite the fact that the Consumer Protection Act (“CPA”) came into operation on or about 1 April 2011, there are still numerous franchisors who have not prepared Disclosure Documents, or who are not furnishing their prospective franchisees with a compliant Disclosure Document.  This clearly places the franchisor at substantial risk. Regulation 3(1) of the CPA stipulates that every franchisor must provide prospective franchisees with a Disclosure Document, dated and signed by an authorized officer of the franchisor, at least 14 days prior to the signing of the Franchise Agreement.  The Disclosure Document should, at a minimum, contain the following: • The number of franchised outlets, • The growth in the franchisor’s turnover, net profit and number of franchised ou...