This issue seems a little unneccesary unless you are talking about taking a recipe from one big brewery to another competitior, even then every brewery is trying to differentiate itself so the likelyhood of another production brewery wanting you to produce the exact same beer as a competitior is small. In a brewpub situation the issue is moot. What two beers are going to taste exactly the same when brewed at 2 different locations, and who besides the brewer really knows what exactly goes in each batch. Adding a pound or two of wheat would make it a different recipe anyway. I wouldn't sweat it either way. The issue of a brewer leaving and taking all the recipes with him is the only legitimate concern, that is not fair to the pub owner unless that was the agreement from the get go. If I switched Brewpubs I know I wouldn't take any of the exact recipes with me, whats the fun of that? There is always room for experimentation and improvement!
"You are what you is." FZ