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Is there any way to protect my idea if I talk to someone about working on it with me?

by Neodism
12 replies
For instance, if I have a service that I'd like to offer but I'd like to hire a sales-person or work with an existing marketing company to make the idea become reality, is there any way I can protect the idea from being stolen?

I don't want to give anyone the run down on the concept and find it being utilized the next month. -_-
#idea #protect #talk #working
  • Profile picture of the author iamrichard
    my short answer: give them big enough commission!
    Normally sale man does not like to take care of all the ground work and logistics on how the service can be provided or the product can be produced. He is good at selling and if the commission is encouraging, he will only focus on what he can do well. He wont bother to stole your idea and run the business on his own. That is a general observation
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  • Profile picture of the author massiveray
    Make him sign a non disclosure agreement (NDA).
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    • Profile picture of the author Baadier Sydow
      Originally Posted by massiveray View Post

      Make him sign a non disclosure agreement (NDA).
      I believe you would need a Non Disclosure Non Circumvention agreement for this. This would prevent them from disclosing confidential details and going around you to do it themselves.
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  • Profile picture of the author vndnbrgj
    You could also use a Non Compete Agreement, where they agree not to market it on their own.

    Start the the NDA, then once hired, use the NCA
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  • Profile picture of the author atrbiz
    Just like vndnbrgj said - use both an NDA and NCA agreement.

    I had all my folks sign them prior to starting work. This is a must to protect your ideas,etc.
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  • Profile picture of the author john-7665
    I am not sure what kind of papers you should make them sign, but all the others already gave you some ideas. My point is that you can not start the project without some papers signed before. If he steals the idea it will be hard for you to prove that it was actually yours. This things happen often.
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    • Profile picture of the author iAmNameLess
      Originally Posted by massiveray View Post

      Make him sign a non disclosure agreement (NDA).
      Originally Posted by Baadier Sydow View Post

      I believe you would need a Non Disclosure Non Circumvention agreement for this. This would prevent them from disclosing confidential details and going around you to do it themselves.
      Originally Posted by vndnbrgj View Post

      You could also use a Non Compete Agreement, where they agree not to market it on their own.

      Start the the NDA, then once hired, use the NCA
      I'm not sure any of these would hold up, because it is just an idea.
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      • Profile picture of the author vndnbrgj
        Originally Posted by iAmNameLess View Post

        I'm not sure any of these would hold up, because it is just an idea.

        That's true.
        Unless the idea could somehow get a patent on the IP.
        Or, could turn the idea into something more tangible.
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  • Profile picture of the author 300SMG
    The answers above are correct for the NDA - it gives you a leg up should something actually come out that the idea or concept was stolen or reused by the individual. Nothing is concrete or iron-clad but even the introduction of a NDA into a conversation with someone will make them think twice.
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  • Profile picture of the author massiveray
    A standard NDA would hold up fine as you are discussing a business proposal, I'm not sure on the exact legalities but when I had my NDA drafted for me I was told that it would cover anything that would come under a "business discussion".
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    • Profile picture of the author iAmNameLess
      Originally Posted by massiveray View Post

      A standard NDA would hold up fine as you are discussing a business proposal, I'm not sure on the exact legalities but when I had my NDA drafted for me I was told that it would cover anything that would come under a "business discussion".
      Yeah you're right but an idea is not a business discussion unless the idea is an expansion of a trademarked or patented product you already have. I suppose, every circumstance is different though.
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      • Profile picture of the author massiveray
        Originally Posted by iAmNameLess View Post

        Yeah you're right but an idea is not a business discussion unless the idea is an expansion of a trademarked or patented product you already have. I suppose, every circumstance is different though.
        Yeah, in this case I was thinking that this guy would already be hired before any discussion took place, that would cover the business discussion part in most situations.

        Also I hear every state over your side of the pond has different laws so you never can be too sure.
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