How to make copying from ideation documents illegal?
We are sharing ideas via pdf/word documents (via mail) containing our tech requirements (app features) to 3rd party app developers. We hope to enter into legal contract with them in the future, but need to know how much cost will they quote, hence sharing app features (requirements). However, the app is such that its features, although new in idea, can be easily copied/similarly-replicated and sold to another entity or used by the app developers themselves. How can we stop/dissuade the 3rd party from copying our idea (preferably before entering into legal work contract with them)? NDA? +Non-compete? +Non-solicit? All three?
On the same note: Companies write "Confidential" or "Intellectual Property of <company name>" in footers of documents. Has this got any legal bearing?
Hi, You are correct that one way to go about your business is executing non-disclosure agreements in addition to consultancy / Independent developer agreements with the app developers. However, the cost you would incur in enforcing these restrictions may be cumbersome and costly. In addition to protection through agreements, and depending on the nature of information that is necessary to be provided to the developers you could consider, for example, dividing the tasks among different developers (as modules, if possible) to avoid a single developer understanding the entire purpose or import of the app; or encode the information in a manner that it is less susceptible to copying. Again, there are other ways to ensure protecting your business ideas from unauthorised use, in addition to the necessary contractual protections. Regarding your specific points, the NDA (as mentioned above) would definitely be an important document to execute. A non-compete would prevent the app-developer from engaging in a similar business for a period of time, so it is an appropriate restriction, although there may be push-back from the developer if the scope of the non-compete is broad. Non-solicit would not be the most important restriction since it restricts one party from poaching the employees or agents of the other. Given that you would be dealing with independent developers, this concern is unlikely to be on you, but nevertheless, can also be included for abundant caution. The footer on the document would not be significant in proving anything, but does act as a deterrent. Hope the above clarifies your doubts. Do contact me in case you require a more guided and specific response.
Answers
Hi,
You are correct that one way to go about your business is executing non-disclosure agreements in addition to consultancy / Independent developer agreements with the app developers. However, the cost you would incur in enforcing these restrictions may be cumbersome and costly. In addition to protection through agreements, and depending on the nature of information that is necessary to be provided to the developers you could consider, for example, dividing the tasks among different developers (as modules, if possible) to avoid a single developer understanding the entire purpose or import of the app; or encode the information in a manner that it is less susceptible to copying. Again, there are other ways to ensure protecting your business ideas from unauthorised use, in addition to the necessary contractual protections.
Regarding your specific points, the NDA (as mentioned above) would definitely be an important document to execute. A non-compete would prevent the app-developer from engaging in a similar business for a period of time, so it is an appropriate restriction, although there may be push-back from the developer if the scope of the non-compete is broad. Non-solicit would not be the most important restriction since it restricts one party from poaching the employees or agents of the other. Given that you would be dealing with independent developers, this concern is unlikely to be on you, but nevertheless, can also be included for abundant caution. The footer on the document would not be significant in proving anything, but does act as a deterrent.
Hope the above clarifies your doubts. Do contact me in case you require a more guided and specific response.
how-to-make-copying-from-ideation-documents-illegal-9316601
More related questions
Approval s required for Marketing of herbal medicine and patenting it.
I need help on what documents are required when settling a loan and procedures
Need advice on sale/transfer of Mhada allotted flat in Mumbai.
Threatening Pushy Partner
I want to contest my maintenance matter at Mumbai High court
Need to prepare a gift deed
SBI CARDS FRAUD APPLICATIONS
single tenancy
regarding the making of the authorised signatory
Can the CCB pursue an already acquited personal loan and cheque bounce case?
I Need a Advocate to issue a complaint against Advocate in Karnataka state bar c
sexual crimes
Redevelopment stopped of Mhada society by old and new builder. How to terminate
College fee refund not allowed
What steps can be taken against step mother abusing step children?
The legal aspects for starting a crowdfunding web portal.
What do I need to do to recover money from a person
Validity of Foreign Divorce Decree in India
Hi our property was notified by Bda and after a long fight it was denotifued.
Health insurance
Property: Paid full amount for Property, after registration, asking additional $
how to complaint to magistrate in civil case.The case is regarding cheating
how to get marriage registered.
Business advice and tax related questions.
Transfer of mhada flat
RERA Communicated Possession date for Apartment
Can a company file a PIL in India?
license for a delivery kitchen in delhi
Issues in my married life disturbing me mentally & it becomes torture
Should we do housing soceity formation in our building ?
False 420 FIR registered
Employers cut 25 days salary as recovery
What is the difference between a last will and testament and a living will?
What action should be taken if the house owner is not giving amount back?
There is any provision for remarriage i divorce case running for last 3 years.
Is the money donated through a crowd funding platform taxable in India?
My uncle passed away 2months ago his credit card loan bank is asking for the pay
Mutation of land got under neelami order by Munsif Court in the year 1935
How to get licence from SEBI for crowdfunding?
Property will
Want to know about crowd funding
Is crowdfunding as an investment legal?
Can my case comes under Medical Negligence? Should I file a case?
Residency requirements for divorce in India for marriages registered in USA
a case under IPC 420 for buying a land by forgery
I need your help
I would like to know about legal chimaney klin documents requirements
Shop rented for tobacco storage in Housing Society.
Britannia company cake sample failed on checking.
Real estate related : Gurgaon
Housing Society Deemed Conveyance Deed for Commercial Premises
Guidance to avoid financial loss before mutual divorce
Need lawyer for filing complaint in RERA, Panchkula
Maintainability of Writ while appeal pending in Tribunal
Cheque Dishonoured
What licenses are required for starting home food business in Mumbai
Cheated by friend
Change of name
Is fantasy sports on movies legal in india?
License and certification for food manufacturing and retail business
sir I am a distributes of vodafoneidea ltd (in rural area) last month my
I am planning to start selling beer and other liquor items online in Ghaziabad.
Sent me offers acceptance consideration case law land mark cases
how can I save my life legally
Can I appear for higher education again and do NEET
Can graduate apply for the internship, I am 2019 batch graduated.
I just wanted to know whether am I being trapped by some people.
I want to do internship under legal firm .I'm a 2nd year ba llb student.
Regarding Internship
my self kalpajyoti nath my living relationship patner blackmailing me and harris
How can we start a Reward-based crowdfunding platform in India
Regarding Differential Voting Rights and Dual-class shares in India
I wud like 2 tell the family of a person- the truth abt him ?Can I do it legally
Cousin defaming my mother and myself