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DC Strategy
DCS News - April / May 2008
 

As you may know, DC Strategy now operates a specialist corporate and commercial legal practice, led by Marwan Kojok, to provide legal services to clients under the DC Strategy brand.

The current pace of change in today’s business environment demands an approach to the practice of law that transitions legal services from a time-based technical dissertation to a value orientated specialist commercial outcome.

DC Strategy has created a unique and unmatched combination of advisory, commercial, and legal skills to continue to build its reputation as a specialist consulting and legal firm on a national and international scale.

Warm regards

Adrian McFedries
Managing Director
DC Strategy


Interview Insight

Boost Juice Boost Juice

Janine Allis’s Boost Juice chain of juice and smoothie outlets was already successful but still growing 5 years ago...

Audio MP3 Audio ( 2,820 KB) | more interviews >


ANZ Growing a National Franchise

ANZ Mortgage Solutions is a significant new direction for the ANZ. Ian Hendey, ....

Audio MP3 Audio (2,869 KB) | more interviews >


Legal Insight

International Trademark Registration

Contact Tammy Giouzeppos at tammy.giouzeppos@dcstrategy.com

The Madrid Protocol

Moving your business into the international arena is an arduous task. One of the first and most important steps is ensuring that you have the right to use your brand name in the region and have the power to stop other traders using your brand name and goodwill to their own advantage.

The best way to protect your brand and ensure its future success is through the registration of your trademark in each individual country you wish to trade in. Obviously, filing trademark applications in each individual country can be time consuming and expensive. This challenge can be largely overcome in countries which are a signatory to the Madrid Protocol.

The Madrid Protocol which came into force in April 1996 allows a person who has registered a trademark in the country of origin (Australia) to apply in one application to access 81 countries for registration of the trademark. Some of the countries which are current signatories to the Madrid Protocol include the United States, United Kingdom, European Community, Japan, Singapore, China, Vietnam, Turkey and Ukraine. Applications made through the Madrid Protocol are simplified and cost less than lodging individual applications in each country. While the process is still time consuming, as the trademark must be accepted by each individual country, it does ensure that the trademark will be universally protected in every region for a period of 10 years.

The Madrid Protocol affords businesses trademark protection in a variety of areas, allowing you to move into the international arena with confidence that your brand and reputation are protected.

Franchising Code Amendments

Contact Marwan Kojok at marwan.kojok@dcstrategy.com

1 March 2008 amendments to the Code must now be implemented

Following from our previous updates and as you may be aware, the changes to the Franchising Code of Conduct mean each franchisor operating in Australia must ensure that their Disclosure Document is not only updated but also amended to take into account the amendments to the Code.

Items which must be considered by franchisors include the following:

  1. All amounts or methods of calculation of rebates or financial benefits received by the franchisor for the supply of goods or services to franchisees. Franchisors must be diligent in collating this information and making it available to its franchisees. We suggest that complete details be provided to the franchisor’s legal representatives for the proper disclosure of such information.
  2. Ensure your marketing fund accounts are in order and audited with the relevant information made available to be included in the updated Disclosure Document.
  3. Full and complete details of each and every franchisee who had previously and currently operates a franchise business must be made available to be included in the Disclosure Document.

The above are not all the amendments to be incorporated, however they are an example of matters which require immediate attention. 


Business Insight

Remuneration Incentives – Simple but Ineffective

Contact Adrian McFedries at adrian.mcfedries@dcstrategy.com

The concept of skin in the game or variable pay structures is an area of business that is experiencing a renewed focus in response to the near full employment status of the Australian market and the increasing pressure on the fixed costs of business.

Groups such as Flight Centre and Michael Hill Jeweller are stand out examples of groups that have underpinned their performance with practical and motivating remuneration incentive structures that are aligned to the performance of the business. However many rudimentary incentive arrangements are failing to deliver the intended outcomes for both employees and the business. Why? Primarily there are two consistent issues: (1) the lack of identification and alignment with the real drivers of the business performance (2) the size of the incentive proportional to the fixed component of remuneration is insignificant.

The opportunity created by incentives is simple. The objective should be to grow the total size of the pie available and share it according to who created the outcomes, rather than carving up the same size pie in different proportions. The process of committing to a remuneration structure that delivers this outcome requires a solid foundation of understanding, analysis and identification of the business drivers. The design of a remuneration system needs to reflect the future direction of the business as much as current performance. Anecdotally, the skin in the game in a franchise structure will typically yield revenue increases of 15%-20% in a business unit. This gives some indication of the remuneration incentive opportunity that is dormant in many businesses at a time where increasing fixed costs continue to place pressure on profitability. How much would you pay for an extra 10% revenue?

Succession Planning – Positioning the Business for Future Leadership

Contact John Varvarigos at john.varvarigos@dcstrategy.com

Succession planning has always been an issue for business owners to confront, let alone plan and implement. A primary challenge is the almost exclusive focus on the people component, which is only one piece of operating a successful business.

The changing demographic structure of society over the next 15 years will force an increasing number of businesses to tackle this issue. The focus on people is critical given they are intertwined in the fabric of any business. One of the real challenges is understanding how to best position the business 3-5 years before the key date.
Have a think about the critical issues:

  • What is the growth trajectory for the business in the next 3 years?
  • How competitive is the business and how relevant is it to the future customer base?
  • Have the management teams contemplated life without key people, and changes to processes and systems?

These are only some of the many questions but, importantly, it’s not all about the year when leaving is imminent. A well defined growth path over the medium to long term creates a more valuable asset. It creates the clarity to drive business growth, and provides talent within the organisation the opportunity to reveal their potential, which will ultimately provide the future leadership of the business. Early investment in the evolution of the business creates the best outcome on handover.

 
 

Upcoming Events...

APRIL 2008

Thinking of Franchising

Thinking of Franchising your business? What will it take?
What are the benefits? What about the potential downsides?

Find out at our seminars:

Sydney
dcstrategy.com/events

Melbourne
dcstrategy.com/events

Brisbane
dcstrategy.com/events

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Business Essentials® (BE) is Australia’s premier producer of business related audio and video programs. Journalist and broadcaster Michael Schildberger established the company in 1984 to produce ‘Business Essentials’, the first subscription based audio business magazine in the world.

 
 

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