When it comes to running businesses within certain industries, the environment can quickly move from hard to real tough upon the arrival of other commercial establishments. While looking at the various franchise opportunities, and selecting a particular franchise for sale a businessman should try to buy a franchise in something they know really well. A person can surely gain a strategic advantage over rivals by knowing about a franchise’s trade secrets.
A trade secret is generally defined as any type of information that gives the owner the “upper hand” over its competitors. Moreover, the info is unknown by everyone else, and isn’t easily ascertainable by other groups or individuals. For clearer understanding, a great example of a trade secret would be the formula used in the creation of Coca Cola products – nobody except the giant corporation knows the formulation of these beverages, and it gives them a significant advantage over their rivals.
However, if the secret recipe were to be disclosed to other groups, they could just as easily reproduce Coca Cola beverages and sell it to the target market. In addition to this, getting a patent on the formula would be out of the question, since the information a patent protects must become public knowledge after a patent expires in twenty years.
So before buying any franchise for sale, it’s best to closely examine the measures taken by franchisors of various franchise opportunities to protect their trade secrets.
With that said, before sealing the deal with any franchisor, see to it that the trade secrets are itemized in the franchise agreement. This may include things such as recipes, formulas, programs, techniques, processes, etc.
The agreement should also state that the items classified as trade secrets are being licensed to the franchisee, instead of being sold. Additionally, for the security of all franchisees, the agreement should state that the franchise owner is prohibited from “reverse engineering” all items categorized as a trade secret.
Having the contract include arguments which stress the importance of keeping the secrecy of trade secrets would definitely be helpful. It should also include statements, which reflect the significant value of every trade secret, and how it provides every franchisee with a competitive advantage over competitors in the industry.
The inclusion of statements similar to the ones above in the franchise agreement can help safeguard the franchise’s trade secrets. There are of course, additional details that should be stated within the contracts when screening potential franchise opportunities and ultimately acquiring a franchise for sale.