Entrepreneurial Guide: How Do I Protect My Idea


At this stage in which we live, many have been quick to label “entrepreneurship” and in my humble opinion has been necessary self-employment initiatives, many of them have come from the field of information technologies .They are not few. the news that they approach us business models supported by initiatives from the “internet of things”, the analysis of “big data” , or those developments carried out by young university with few, almost no economic resources . It is time to translate it into an enterprise project, tell an investor or even rely on third parties to develop us everything there is reflected in working hours, but, for now, are only reflected a set of ideas, in a few pages or, in the best case, in a set of computer files.

How do I protect my ideas

Neither the recent – and very controversial, of course – modify the law governing intellectual property in our country, nor the earlier drafts of it, have provided any protection to ideas or facts .

Intellectual property includes two categories. Copyright and related rights on the one hand, and other industrial property latter, without going into depth, is the exclusive right granted by the State to use or exploit industrially and commercial inventions or innovations of industrial application, inexcusably embodied in an invention, either through a patent or a utility model, which are subject to conditions defined by law. The Copyright includes literary works, works of art , artistic works and computer programs, which enjoy protection“sui generis” .

Copyright deployed its effects on computer programming languages ​​human (source code) or by machine (object code), separately or independently, also including all preparatory documentation, technical manuals and even use but always when attributable to a single person (or persons) who have demonstrated originality and processed your enrollment in the Registry of Intellectual Property. And until then? I still planteándome the same question: How do I protect my idea?

As the way intellectual property does not offer full coverage, it’s time to go to a confidentiality agreement, also known as NDA for its acronym in English (non-disclosure agreement) . It will therefore be an agreement governing the exchange of confidential information or knowledge, aimed at achieving one or more specific purposes, preventing its public disclosure. Its wording is not subject to previous legal requirements and will only respond to the free will of the parties.

What should contain a confidentiality agreement?

While strongly call on lawyers to draft a contract of this type (it may be the first investment required in your project) recommend , lots of variety of models available to the interested in the Internet. However, not all are suitable your specific idea or business, so I will now try to summarize what should be its content.

  • First you must identify the parties that sign, whether they be individuals or legal in any form (company, association, etc.) people.
  • Secondly you need to define well what is confidential information and in particular the limitations on its use, being generous in their description, not hesitating to be as graphic or descriptive we need.
  • They must establish the obligations and rights of the parties, and even considerations or statements that consider appropriate. S was important even determining fines for noncompliance and models of resolving a possible conflict between the signatories.

Remember that the ultimate purpose of the contract is to protect proprietary information that we consider valuable and whose use or disclosure could cause us serious damage , so we could include a clause that guarantees criminal investing money and effort we have invested in it .