MarkCrest Step 6 | Agreements, NDA, Contracts, Disclosure
Nothing is agreed until it is in writing. You need this proof in the event the individual or employee does not follow the protocol established for your idea or IP.
It is critically important to secure your IP with written agreements, contracts specifying and protecting your IP rights.
Always ensure every team player or employee that has access signs a non-compete, non-disclosure, and acknowledges discovery clauses nestled in. Any Non-Disclosure Agreement (NDA) ought to preclude disclosure through personnel records as this can play into the hands of those wishing to create a position of weakness and exploit the disclosure to labor regulatory enforcement agencies.
It has been said that ones honor is worth your reputation, it just does not matter in a court of law or if you wish to enforce compliance with agreed disclosure code of conduct. Always ensure you've got your personnel and customers signing agreements that protective your rights whether individually or corporately. This cannot be stressed enough that clean and irrefutable evidence in the form of written agreement is required for proof if someone infringes or improperly discloses your IP.
Having a clean clear record and agreement can also assist and keep away costly litigation and court battles concerning such issues at a later date. Boiler plate contracts of employment agreements, licensing and provider agreements, and Non-Disclosure Agreements are all available on-line however hiring a legal professional to make certain such agreements to meet your unique requirements is the preferred and stronger method and could prove vital.
Getting a lawyer involved can be costly by default so it is important to assess which assets are worth that cost. There are some creative works of art or intellectual property that does not necessarily require agreement except in the event it was with the aid of using a worker at some point of the path of the creation. It is vital to have an IP clause in all of your employment agreements and additionally add a restricted shape of IP clause even as hiring contractors. Contracts related to merchandise and creatives nevertheless present process improvement and ought to be drafted clearly, claiming possession of the IP.
Another issues that should be considered is conflicting claims of IP possession at a later date based on being in proximity or within a group associated with that intellectual property. Small to medium-sized groups with restricted resources can upon mutual exchange of agreements for products and services. This allows cash-strapped startups to share each other’s dreams while not having to dip into their precious cash. This is useful and can be dangerous if a clean clear description of the IP is not documented at time of the mutual exchange of ideas.
Cooperative behavior, casual and observed with the aid of using disclosure of personal records can cause misuse of assets if mutual NDAs aren't signed. The one critical piece in all of this discussion, written agreements with NDA.
Step 5: Access
Access is a major threat and can be a potential blow to you or the organization if the individual or employee has not agreed to protocols for which the IP is to to be managed. Click here...
Step 7: Ownership
It must be clearly communicated to the individuals and employees that have access to the IP or are creating new IP within an organization that is it owned by you or the organization. This needs to be clearly spelled out and followed in private or public unless otherwise allowed within written policies or agreements. Click here...
Steps 5 to 7 - Access, Agreements, Ownership
Important steps to monetization. Create policies surrounding your intellectual property. Understand what access means and how to protect. Create agreements to protect access and value. Document ownership.
Steps 8 to 10 - Audits, Infringement, Documentation
It is important to audit your intellectual property and status of each asset. It is also important to understand what infringement means and the best way to approach whether you are infringing or being infringed. Documentation will ultimately be the most important piece of the monetization process. Think of it as a documented audit trail.