Ways To Ensure Your Developers, Partners Do Not Steal Your Intellectual Property. In the world of tech (and not only) startups, but a lot of attention is also devoted to the idea. This is understandable — a truly breakthrough idea can become a real golden ticket to the inspiring successful future.
At the same time, there are many cases in history when an excellent project was realised not by those who invented it. A classic example: Mark Zuckerberg created Facebook after he was offered to work on a similar project by Winklevoss twins. In the end, they ended up almost on the fringes of the tech community, while Mark ended up to be the creator of the largest international social network and the youngest billionaire in the world.
No startup founder wants to be in the shoes of Zuckerberg’s unlucky partners.
However, as in their case, not all entrepreneurs have programming skills of fellow developers. They, one way or another, will have to contact outside experts who will help implement the idea.
Or let’s turn from the Internet and look at cars. Yes, yes — Chinese. For instance, the appearance and internal design of the small car Chery QQ is almost identical to the Chevrolet Spark, produced by the Korean division of General Motors. GM sought a total ban on the export of the model doppelganger on the world market. However, GM’s lawyers failed to prove the theft of intellectual property in which they tried to accuse the Chinese automaker.
And what about myriad clones of iPhone — ZTE, Meizu and others?
This list can be continued indefinitely. The conclusion is simple — ideas are stolen. Because it is profitable. And how to implement it so that you get a good result and protect your idea from theft?
1. Non-disclosure agreement
This agreement is a legal document concluded in writing and signed by both parties, thereby confirming that the said project will not be discussed with any outsiders.
The entrepreneur and the developer (investor, designer, etc.) agree on the rights that relate to the disclosure and use of the idea. The text indicates who owns intellectual rights to the idea or the results of work. It is written in the document: who owns intellectual rights to the idea or the results of work.
Such agreements can be concluded by people who are not registered as entrepreneurs, that at the initial stage of startup development can be convenient for its founder.
However, in order for it to work, it is necessary to spend time developing the formulations of the document. In addition, it is not always easy to describe the idea clearly.
It happens, that not all developers like to sign papers and assume obligations, or they may simply not want to work under the condition of signing the NDA.
What needs to be done: Find a vendor who will agree to put his signature on a non-disclosure agreement.
2. Registration of know-how
A more powerful means of protecting the idea, which is already in the implementation phase or a ready algorithm, business model, prototype, is receiving know-how license which will protect the valuable information from publicity carefully. Violation of your secret of making is a serious crime.
Document the fact that an idea or product was implemented before competitors — this can really play an important role in subsequent proceedings.
The concept of know-how has nothing to do with the registration of a patent for an invention or with the procedure for registering ownership.
Patent and know-how both can be similar by their technical solution, and radically different as for a choice of protection of the object of intellectual property. For example, in the case of a patent, the technology is patented and you tell the whole world what your technical novelty is, and with know-how, on the contrary, you keep the features and the novelty of production secret.
What needs to be done:
- Define the list of what is included in the secret of making;
- Establish the procedure for handling and monitoring the know-how;
- Register persons who have access to know-how;
- Introduce commercial confidentiality.
3. Divide and rule
The development process consists of many subprocesses which can be conducted by different teams. It goes without saying, when you are looking for developers for implementing your idea, you choose among various offers, and it’s not like you tell every potential contractor every detail of your business idea.
Thanks to outsourcing software development you can divide and distribute the development of your project among different teams and also keep your idea a secret since the developers even may not completely understand what the product they are developing will look like at the end.
The software development process can be compared in this case to film production: pre-production stage, shooting period, film editing, creating a phonogram.
You, like a producer, hire people to perform different tasks. The composer, for example, does not need to be present at the shooting. The actor may know only his passages and have no idea of the texts of other characters. The same is true for developers – they get tasks and may not have a clue of what is the final product.
What needs to be done: Break work into parts and distribute it among different outsourcing development teams.
4. Bring the idea to reality
The best way to protect your idea is to realise it. Just quoting the movie, “If you were the inventors of Facebook, you would have invented Facebook.”
Indeed, ideas are in the air, and they are able to emerge in different people at the same time. Here the speed comes to the forefront. And speed is always professional.
Also read: The 8 ways to tell if your product needs a patent
Yes, the restaurateur can try to build a house or negotiate to release hostages. However, a professional will cope with this task much faster and better, isn’t it? And even survive.
Understanding that your idea can be copied can help you. Yes, somebody copied it.
What’s next? After all, only the author has an understanding of the project’s prospects, knows where it should come. And moreover – he can quickly respond to rapidly changing circumstances, make the necessary adjustments to the project. After all, Facebook is not the first social network, and the iPhone is not the first smartphone.
To sum up
The only way to test and improve your idea is to share it with others. Yes, you read it right. Isolated ideas are fruitless. Ideas are good when they are related to other ideas.
Sure thing that entrepreneurs are afraid that someone will steal their ideas and implement them earlier, having more resources. However, if you publicly tell about your idea, everyone will know that this is your idea.
It is important to translate the idea into reality. If you wait too long, everyone will forget that this is your idea and the one who implements it will take your place.
Source: e27
