Legal Question in Intellectual Property in California
non discloser agreement
I live in Ca and want to show a new retail product with no patent or copyright to a possible investor in Illinois. Will a standard dis closer agreement proctect my product from theft or direct copy if the investor choses not to participate?
3 Answers from Attorneys
Re: non discloser agreement
non disclosure agreements are only good if the parties have integrity. In other words, if you are not certain about dealing with a party, then a agreement is not going to do you much good. Even with an agareement, the cost of litigation to enforce a dispute is staggering. Further, it is rare that you will find an attorney to pay litigation costs up front in such litigation. Unless you have deep pockets, which is probably not the case since you are seeking an invster, you have little bargaining power.
If the invester is sincere, and actually going to put money into your product, his interests are probably close to yours. I recommend a non-disclosure agreement drafted to protect your interests and designating a venue to your benefit.
Re: non discloser agreement
non disclosure agreements are only good if the parties have integrity. In other words, if you are not certain about dealing with a party, then a agreement is not going to do you much good. Even with an agareement, the cost of litigation to enforce a dispute is staggering. Further, it is rare that you will find an attorney to pay litigation costs up front in such litigation. Unless you have deep pockets, which is probably not the case since you are seeking an invster, you have little bargaining power.
If the invester is sincere, and actually going to put money into your product, his interests are probably close to yours. I recommend a non-disclosure agreement drafted to protect your interests and designating a venue to your benefit.
Re: non discloser agreement
Mr. Mahurin has pointed out all of the worries, but if you feel that this is a legitimate and potentially fruitful way of furthering your goals regarding this invention, the non-disclosure agreement is the only way to move forward. I'm not sure what you mean by a "standard" non-disclosure agreement. You shouldn't grab something off the web and rely on it. If you really think the invention has potential, have an attorney assist you in protecting your interests as best possible.