Ultimately, the process of identifying trade secrets should facilitate the management and control of the protection of this vital intellectual property. It will also clarify the assessment of the vulnerability of trade secrecy and safeguard methods, which is essential for business secrecy to remain valuable. A typical goal of franchising add up to quickly expand a business concept at a lower cost. The franchisee must be able to replicate the franchise`s activities. All franchising agreements therefore include the transfer of intellectual property to a franchisee for use in fulfilling the brand`s mission. The additional competing objective of franchising is to protect the value of their intellectual property as soon as it leaves control and passes into the hands of a franchisee. It is possible that more than one person or organization could assert rights to the same trade secret on the same technology or on the same commercial information if both are developed independently, that this technology is developed and that both parties take appropriate steps to keep it secret until the technology is “known to all”. There are essentially two types of trade secrets. On the one hand, trade secrets may concern valuable information that does not meet the criteria for patentability and therefore can only be protected in the form of trade secrets.
This would be the case for commercial information or manufacturing processes that are not sufficiently inventive to obtain a patent (although these may benefit from the protection of utility models). On the other hand, trade secrets may concern inventions that meet the criteria for patentability and could therefore be protected by patents. In this case, the company is faced with the choice: patent the invention or preserve it as a trade secret. In general, information that corresponds to the definition of a trade secret in the applicable statute must be considered a trade secret and treated as trade secrets. If a franchisor has not yet created a database of its trade secrets, it should gather important executives to inventory trade secrets. Depending on the age and size of the business, this effort may require an organization among business leaders. It is important to have closed meetings between these interest groups to discuss, discuss and determine what information the franchise should consider a trade secret. When assessing your obligations when receiving confidential business information from others, it is a good place to treat the information as if it were yours.