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- How can I protect my product identity from being copied? i.e. I will be employing a student to work with me to develop a product not available in NZ. Later, I wish to approach a Manufacturing Company to make the product. Should I ask the student to sign a Confidentiality Agreement and regarding the Engineering Company, would a Memorandum of Understanding be sufficient enough to protect my business interests? The product needs designing first, hence it is too early for any patent issues to be helpful. Thanking you in advance for your time. Rgds Debbie Hodson
- Reply To: How can I protect my product identity from being copied? i.e. I will be employing a student to work with me to develop a product not available in NZ. Later, I wish to approach a Manufacturing Company to make the product. Should I ask the student to sign a Confidentiality Agreement and regarding the Engineering Company, would a Memorandum of Understanding be sufficient enough to protect my business interests? The product needs designing first, hence it is too early for any patent issues to be helpful. Thanking you in advance for your time. Rgds Debbie Hodson
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Bradley Scott
Business Owner
@bradley_scott
Reply submitted 13/05/21 @ 07:50am
::Hi Debbie. I can provide some general guidance, but I recommend you talk to a lawyer who can give you some legal advice where that advice can be based on the specific nature of the product.
Generally, it is relatively easy to protect the expression of an idea, it is comparatively harder to protect the idea itself.
If you are commissioning a student to develop the product, then any technical specifications, design files, or code (if there is software) will be protected by copyright automatically and you (as the person who commissioned the work) will by default be the owner of that IP. However, it is advisable that you make the ownership of those work products very clear in the contracting or employment agreements with that person.
However, the ‘gist’ or the ‘idea’ of the product could be copied so long as they aren’t copying any of those specs, design files, code, etc etc. This is where patent protection comes in. But patents are a comparatively longer and more expensive process and I recommend experts to help here.
You mention the product is ‘not available in NZ’, which made me think this product may already exist overseas? If so, you may not be able to patent your invention because it is not novel. Ie, it already exists elsewhere.Many people suggest that the fastest way to ‘protect’ your idea is just do a really swift and good job of going to market so that you capture the market before anyone else. That is another thing to consider.
Good luck!
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