Confidentiality Agreement for product design

**Driven29x** · 09-22-2008 02:17 PM

hello to all my fellow entrepreneurs!

I am in the process of creating a garment product. First thing's first. I have to get a confidentiality agreement and disclosure statement put together before I can start looking for a designer to have my idea protected. I am asking you all if there is anything else that I would be missing. Also, with them putting my idea on paper, how may I compensate or what rights does that person have?

Thanks,
Driven

**rogercbryan** · 09-22-2008 02:35 PM

Hmmm.. I'm not a lawyer and this is not legal advice but I think the only protection available for a design such as this is a patent. I don't know that any other document will provide the protection that a patent will provide.

I always say this... a NDA is only worth the money you have to defend it. This means that if you are flat broke and someone steals your idea how will you afford to take them to court? The answer is that you wont...

If you have a design that is original you should go for a patent which in its self is very expensive.

What are you designing? Is it a style of t-shirt.. a pair of jeans.. or is it something totally new? Knowing what you are working with may help us to better help you.

I may be way off base here so I need more info..

**akula** · 09-22-2008 11:13 PM

Originally Posted by Driven29x

hello to all my fellow entrepreneurs!

I am in the process of creating a garment product. First thing's first. I have to get a confidentiality agreement and disclosure statement put together before I can start looking for a designer to have my idea protected. I am asking you all if there is anything else that I would be missing. Also, with them putting my idea on paper, how may I compensate or what rights does that person have?

Thanks,
Driven

no, not really. your better strategy is to forego things like nda's and ip...well you really ought to draw your design on paper first, so you can claim copyright to it...in your contract with the designer, you'll also need to put in a clause that they're gonna turn over any ip generated to you.

so..use a non compete agreement to stop the designer competing with you, use an ip reassignment clause to claim all ip generated by the designer as the result of you commissioning them, and draw a number of rough outlines of your design prior to giving it to the designer. sign and date the drawings.

**Driven29x** · 09-25-2008 12:42 PM

Thanks for the feedback akula. Quick question though. What are nda's and ip ? I am not too familiar with those kind of things. I have one drawing right now. And the reason for a designer is obviously to put it in CAD and also have it looking realistic and sharp.

**akula** · 09-27-2008 12:43 AM

nda = non disclosure agreement (i.e. confidentiality agreement)
ip = intellectual property

a) that's good. since you already have the drawing, the law automatically affords you copyright...so the designer will be prohibited from inputting the drawing into a cad program and then claiming copyright on the resulting output

b) to further prevent the above situation from happening (i.e. your idea being ripped off), I am advising you to agree with the designer that any IP generated by her as a direct consequences of doing the job for you, will automatically be reassigned to you, or your holding company

c) finally, to allow additional teeth for the provision above, I am advising you to execute a non compete clause with the designer, so that if points a and b fail, you have option c to prevent the designer from unfairly profiting from your creativity