Tuesday, 10 April 2012
How to make and use an NDA ( Non Disclosure Agreement ) and Copyright
This is No1 for inventors, small businesses and start-ups with a new product or service idea, that is worth money. You NEED to start using an NDA ( Non Disclosure Agreement ) . Right now!
Please find here my Non Disclosure Agreement , which you can re-write as you wish, and add your details in as the disclosee. The file is attached in MS Word format.
Alternatively, feel free to use a Government Official version of a Non Disclosure Agreement.
Heres how it works:-
1. In the bits I have highlighted yellow, put in your details. You are the disclosee.
2. Print out 2 copies for every person that you meet, and disclose the ideas to.
3. You and the person you meet both sign a copy of each. You keep one copy, and they keep the other.
4. Do not disclose until / or unless they sign.
5. Explain to them, that this is required, by law to ensure that the design is patentable and protectable. It has to be non-publicly disclosed, and this document ensures that legally, its is not public disclosure, but is a trade secret.
6. This document, proves who you have spoken with, and is dated. Also, its an agreement not to disclose the idea without your permission. It is VERY important, should you require patent protection later, and you may well need this, in a competitive situation once product(s) are launched.
7. Please take this seriously, and keep a copy or folder with all the records and contacts that you have disclosed to from now on.
Please take the NDA seriously. Big companies are incapable of coming up with good ideas for themselves. Its up to us, the little guys, to give it to them. But do be cautious with having a game plan, which you clearly are developing, keeping a tight ship, and understand the law.
In legal terms, you hold "prior-art" hopefully, and if its a goer, then we can not only build you working prototypes, but also draught and file any registered design rights, patent applications, design drawings etc etc.
Make sure that you also mark any drawings you show as Copyright ...
It sounds daft, but it will take you very little effort, to mark any drawings or sketches you show with © Your Name 2012. And you would be surprised how much legal protection it gives you. Dont question it, just take my work for it.
Generally, copyright lasts for the lifetime of the 'author' plus 70 years. Copyright is extended automatically to all Berne Copyright Convention countries. Copyright protection is also extended automatically to all Universal Copyright Convention countries provided that the standard UCC copyright notice is placed on the article or design. The notice should consist of three elements, namely, the symbol © which is the capital letter C contained within a circle, the name of the copyright owner and then the year of first publication of the work (e.g. © Your Name 2012). Also adding "Any unauthorised copying or reproduction is prohibited" would be a good idea on any drawings, followed by "Copyright and Design Rights subsist in these drawings or articles shown".
That file to download again NDA Agreement in editable MS Word format.
Very simple to do. No cost. But very very important.
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The notice should consist of three elements, namely, the symbol © which is the capital letter C contained within a circle, the name of the copyright owner and then the year of first publication of the work (e.g. © Your Name 2012).
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