Protections for Proprietary Information

If you want Legal protection for your designs please consult with a lawyer. During your consultation you could ask about the following agreements.

  • A non disclosure agreement – (NDA’s) are agreements between two or more parties to not disclose information regarding specific information.  NDAs get a bad rap when they are publicized outside of corporate environments, but are great when protecting proprietary information.  An agreement can protect projects between a company, a hired researcher, an engineer or other personnel who will come in contact with proprietary information.  One way to manage definition of when an NDA is necessary for protecting proprietary information is in research labs; an agreement can be a requirement with exposure to certain technologies, resources, equipment or facilities.  The agreement should be for a term of time long enough to acquire stronger protections, duration will depend on nature of information, details of agreement, preferences, relationships of relevant parties, and other factors. 
  • Covenant Not To Compete agreement – is an agreement between two parties, normally a company and an employee.  This type of agreement binds the employee from competing with the employer for a duration of time and from a specific area.  This type of agreement is usually great for any potential employee as a condition of employment for specific length of time, and national geographical area.  This type of agreement is usually more common with highly significant operational personnel.
  • “Work-For-Hire” definition in every employment contract with a signature from employee, PRE-EMPLOYMENT.  The term is seen in copyright law with music and other artistic works.  Some clause like this could be put in an employment agreement defining any work done on company property as work for hire.
  • Patents and Copyrights — there are a few different types: design, provisional, or utility patent. Ask your legal counsel which is best for your purposes.
  • Internal Procedures – as a company you should have a manager forecast and manage the value and risk if release of proprietary information, and other unique strategic advantages.  Many companies also forecast and manage opportunities and risks of certain small scale and large swing changes within their industry or the larger competitive market environment.  In the United States; proprietary information protection will protect a design for some time into the future.  This will extend the product life cycle, and sustain the price of new technologies.  Once these technologies are no longer protected, a company should assess prior to protection expiration; the changes that the expiration will bring to competition and market saturation.  Specific businesses will also need certain human resource to allocate to preservation of protection.  Preserve protection by research of the market to identify infringements and act with legal resources.

Product Analysis

Determine what you parts of your operations, product, or service is proprietary information.  Research sales and other available data, make decisions based off of data and results.  Incorporate into your research what tools you can use to protect the proprietary information of your business, costs of enforcement, procedures for use of protections, maintenance, review and communication methods for relevant correspondence to be made available to responsible personnel when of requirement.  

Disclaimer

THIS IS NOT AN ALL INCLUSIVE RESOURCE.
Please make sure you comply with all Federal, State, Local, Agency, Financial, Legal and Commercial regulations before commencing business operations.

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