HOW DOES ONE PROTECT IDEAS?

  • We are a small company about to engage the services of an independent, free-lance marketing and eCommerce expert. We are about to reveal to him our plans and procedures for some of our eCommerce programs on the Internet. Since eCommerce concepts are pretty easy to set up (as opposed to brick + mortar versions of the same thing) what is to stop this marketing/tech guy from taking our ideas and later setting up the same concepts on his own sites? How do we protect our ideas and concepts? Even if they are not proprietary but are original business ideas that he learned from us?


  • Hi zmaster, Companies typically address this issue by requiring consultants and employees to sign non-disclosure agreements. Wikipedia provides an introduction to non-disclosure agreements. http://en.wikipedia.org/wiki/Non-disclosure_agreement The BitLaw website on technology law has a description and sample. It notes that an important possible element of such an agreement controls not just disclosure, but also other ways the recipient might use the information. http://www.bitlaw.com/forms/nda.html Of course, having your consultant sign such an agreement does not guarantee that he will not steal your ideas. It only helps you with your subsequent lawsuit against him if he does. Standard disclaimer: Google Answers does not provide professional legal advice. I hope this information is helpful. If you need any more information about this, please ask for a clarification. Regards, --efn


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