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Protecting idea

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Skithepowder | 12:20 Fri 31st Oct 2008 | Law
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Say that you have an idea for a company/website, and you want someone to design the website for you, how do you ensure that when you tell them what you want them to design, they don't say no thankyou, then go off and copy your idea by themselves? I doubt it would be a patent as it is not an invention, but more of a company plan, plus patents take years to get...
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You get them to sign a non-disclosure and/or a confidentiality agreement.
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Do I need a lawyer to draw one of thoseup or can I do it myself?
You can probably find a template off the web, which you might get for free, or you might have to pay a few pounds for.
As a general principle, that would do the job. Of course lawyers will say they need to be employed and, sure, you limit your risk of foul-up by employing one.
Much depends how much is at stake.
If they run off with your idea, with or without an agreement, you'd have to figure out how much money they made from it before deciding to sue them - no point suing an organisation that has no money.
Which is kind of why the legal fuss about pinching the Da Vinci Code book idea came to the courts - the writer had made a shed-load from it and the other party felt they wanted a slice.
You would currently struggle for any intellectual protection in your idea, for intellectual property does not protect the idea; only the form of expression of that idea (The idea/expression dichotomy).
No chance of a patent or trademark at all. The second best thing you can do is to make a blueprint of your design on paper, indicating graphics/text/pictures etc. Providing it is original (and other boring formalities), you have a copyright in the physical blueprint, and the typographical arrangement of that blueprint. However, that may not be enough, should the courts view that the differing medium of expression (electronically vs. paper) is not an infringement. Best thing? Get a trusted friend to help you out and avoid this whole minefield.

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