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Choose the best protection for your Intellectual Property. Once you understand that you should protect your Intellectual Property, you should choose the best way to protect it. Desny claims are different from copyright claims because they protect the idea itself. Desny claims require that the recipient of the idea know in advance that the submitter expects credit and payment for the idea. The idea holder should choose the type of protection that provides the broadest protection for your idea. Here are some tips to take care of your idea before and during the disclosure to another person:
– Keep written records
Written records help establish the nature and bounds of the idea and when it was derived. They also help position the idea holder in any disputes that may arise. Written records should be kept confidential and never publicly posted or released.
– Register the copyright
The idea owner should always first register the intellectual property. If a submitter wants to approach a potential purchaser before having copyright protection, they should not submit the idea to the company, instead, they should disclose only the general idea. The submitter may also inform the company that he/she expects to negotiate compensation if the recipient uses the idea.
Non-disclosure agreements are a very powerful tool. An NDA is a legal contract between at least two parties that outlines the confidentiality and restrictions of the knowledge and information the parties wish to share.
– Be careful with Oral Discussions
Oral discussions can be very tricky. It is very common for submitters to engage in conversations where they disclose confidential information. Oral disclosures give parties maximum freedom but create big uncertainties for both parties. Counsel should advise against any oral disclosure of ideas to recipients.
The best thing is to always protect your intellectual property from the beginning. As we stated in this article, there are different ways to protect your IP. Talk to a business lawyer to know what is best for you and your creation. If you need help, contact Focus Law at (714) 415-2007 or create an appointment by clicking here.