An agreement on employee ownership information and a confidentiality and invention transfer agreement is the same insofar as these agreements protect confidential information and intellectual property of companies. An agreement on proprietary information for employees is identical to an agreement on the confidentiality and attribution of companies, a proprietary information agreement, a project agreement on employee intellectual property and an agreement on corporate safety. The franchisee should be asked to acknowledge the existence and ownership of trade secrets. These recognitions should include at least the following: the franchisor owns all ownership rights over and over system and manual instructions, as well as system and manual modifications or complements; All information contained in the instructions is protected and confidential (and belongs to the franchisor); The franchisee makes the best effort, or all appropriate efforts, to preserve the confidentiality of all confidential and confidential information; The franchisee and its staff have access to the franchisor`s business secrets; and the franchisor`s trade secrets have considerable value that gives a competitive advantage to the franchisor and franchisee. Trade secrets lose their protection if they are known to all. As a general rule, companies only apply measures such as restrictions on the disclosure of trade secrets to certain key employees who really need to know about this information. As noted above, the security efforts described in this chapter, including confidentiality agreements, restrictive agreements and the establishment of physical barriers, are also used to prevent access to the protection of their trade secrets. The franchisor should consider requiring its franchisees to have access to the franchisor`s trade secrets in order to execute an employment contract with confidentiality clauses, restrictive agreements and redundancy requirements for future employment. As a proven method, the franchisor should endeavour to require certain franchisees to enter into agreements with such restrictive agreements and to sign acknowledges of receipt of employee manuals containing the expected security measures regarding trade secrets and other confidential information.
Additional clauses should be considered to ensure that confidential and secret information remains privileged during and after the end of the agreement. In the event of a breakdown of the relationship, the franchisee, regardless of the reason for termination, must be contractually obliged to immediately return the information identified by the franchisor as confidential, protected and secret information. This should include operating manuals and any correspondence or other documents that embody or discuss trade secrets. Post-rescission obligations may also require the franchisee to sign confirmation that the franchisee and its employees have no interest in the ownership of trade secrets, manuals or articles that discuss or contain confidential information or trade secrets. Intellectual property takes many forms in a franchise concept, but its confidential information and trade secrets are essential to the concept. The growing threat of the theft of trade secrets requires a franchisor to be increasingly proactive in the face of this threat. In order to effectively manage and achieve their strategic, operational, expansionist and financial objectives, franchisors must develop a framework to protect this valuable intellectual property from disclosure that significantly reduces or eliminates the value of these secrets. Since intellectual property is at the heart of a franchise, it is essential that the franchisor protects its intellectual property rights in every way possible. A franchise agreement includes a license that grants the use of intellectual property, including trade secrets, to the franchise, and contains comprehensive quality control and other requirements regarding how the franchisee has its market