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6.6 A franchisor does not have to provide details of a franchisee if the franchisee has requested in writing that<br />

the details not be disclosed.<br />

We have has not included any details of those franchisees that have requested in writing that their details not be<br />

disclosed.<br />

7. INTELLECTUAL PROPERTY<br />

7.1 For any trade mark used to identify, and for any patent, design or copyright that is material to, the<br />

franchise system (intellectual property):<br />

(a) description of the intellectual property; and<br />

Trade Marks Registered in Australia<br />

A range of trade marks are used. Key trade marks are identified in Schedule D.<br />

Unregistered Trade Mark Logos/Devices<br />

A range of trade marks are used. Key trade marks are identified in Schedule D.<br />

Copyright<br />

Ownership claimed by us in respect of printed materials used in the conduct of the Public Lotteries:<br />

‣ All Lottery Rules<br />

‣ All entry tickets and entry coupons<br />

‣ All “how to play” brochures, play instructions and other instructional material<br />

‣ All manuals including outlet procedures manuals, retail image design manual, business management<br />

guides, marketing and promotional guides, templated trade promotion terms and conditions, etc.<br />

(b) details of the franchisee’s rights and obligations in connection with the use of the intellectual<br />

property; and<br />

Trade marks<br />

Franchisee’s Right to Use<br />

Both registered and unregistered trade marks as set out in this item 7 may only be used in the operation of the<br />

franchise in conjunction with the materials and/or signage supplied by us or in any other case in the manner<br />

first agreed in writing by us. The Franchisee cannot reproduce the logos and trade marks for use in<br />

conjunction with materials not supplied by us. We will not consent to the registration of a business name<br />

containing the use of any words forming part of a trade mark.<br />

Franchisee’s Obligations<br />

All signage, corporate identification, our logos, coupons, game rules, brochures, promotional and sales<br />

materials and any other feature or item distinguishing the Franchisee’s premises as a Lottery Franchise must<br />

be removed immediately following termination of the Franchise Agreement.<br />

Copyright Materials<br />

The Franchisee is entitled to use copyright materials provided to it for the operation of the franchise business.<br />

The Franchisee must not use the copyright materials other than as directed by us.<br />

(c) whether the intellectual property is registered in Australia, and if so, the registration date, registration<br />

number and place of registration; and<br />

All registered trade marks are registered in Australia. Details provided in Schedule D.<br />

(d) any judgment or pending proceedings that could significantly affect ownership or use of the<br />

intellectual property, including:<br />

(i) name of court or tribunal; and<br />

(ii) matter number; and<br />

(iii) summary of the claim or judgment ; and<br />

There are no such judgments or pending proceedings.<br />

(e) if the intellectual property is not owned by the franchisor - who owns it; and<br />

The owner(s) of the intellectual property rights are the parties identified in item 7.1(a) in respect of each such<br />

trade mark. Where more than one party is identified for a particular trade mark, the trade mark is jointly owned<br />

by those identified parties.<br />

(f) Details of any agreement that significantly affects the franchisor’s rights to use, or to give others the<br />

right to use, the intellectual property including:<br />

(i) parties to the agreement; and<br />

(ii) nature and extent of any limitation; and<br />

(iii) duration of the agreement; and<br />

Golden Casket Disclosure Document 2011<br />

Page 9

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