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Whether I should share my ideas with investor if not registered


08-Feb-2023 (In Startup Law)

Hi, I have few software ideas based on that I wish to start a company. I have not applied for patent so for. I am looking for foreign investment so I am supposed to share my ideas and its confidential information. So how can I protect my ideas before I apply for patent. I have not yet registered my company as well. Being an individual how to sign a NDA with foreign investors? How to sign a NDA through mail across borders specifically between India and US investor? Is that valid if the investor signs on printed / scanned copy of plain document?

Answers (1)

Answer #1
323 votes

To put it in simple words here are no IP rights for "ideas" per se. That said, there are multiple ways in which one can protect their creation. Trademark, copyright and patent registrations are the more conventional ways of securing IPR, subject to, of course, what specific registration is applicable to the business. With respect to trade secrets, there is no statutory protection. They are protected through contracts and, therefore, it is important to get full proof employment contracts drafted. It is also important to sign a NDA with all vendors. You should meet a start-up lawyer who can give you advice specific to your situation.
 

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