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Do they need to sign a Confidentiality Agreement?

 
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Sylvie

posts: 32

Jun 12, 2007 7:38 AM ET    Quote  Report Abuse
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I would like to have my own bussiness through the web.  I have a new concept, kind of service, there is no product to sell.  I absolutelly need a web designer.  Does she/he has/should/need to sign a Confidentiality Agreement?

The same with an attorney.  If I need to discuss the concept with them in the order to know if I need a patent or another kind of protection.  There is a trademark related to this?

Can I just e-mail my question to an attorney without any confidentiality agreement?

patentandtrademark

posts: 1332

Jun 12, 2007 9:10 AM ET    Quote  Report Abuse
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Confidentiality Agreements are not much help and hard to enforce.  It`s ok to use them sometimes, just don`t rely on them much.  Disclosing patentable ideas eventually destroys patentability.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
Sylvie

posts: 32

Jun 12, 2007 11:06 AM ET    Quote  Report Abuse
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Thank you James,

nhgnikole

posts: 2660

Jun 12, 2007 1:11 PM ET    Quote  Report Abuse
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Any good web developer or designer is not going to blab your secrets all over the place ... It just wouldn`t be good for my business if I started doing that to my clients. (And I do work with a lot of startups, so I see things before the company goes "live".) Working with a developer or designer should be about building trust and a long-term relationship.
Jun 12, 2007 3:37 PM ET    Quote  Report Abuse
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Follow-up questions for Mr. Lindon ("patentandtrademark"):

Isn`t disclosing to an attorney quite different from disclosing to a web developer?

Wouldn`t an attorney be held to a higher confidentiality standard than a non-attorney?

Wouldn`t any attorney who fails to protect a client`s information - or who acts in a way that is in conflict with a client`s interests - risk losing their bar license?

Because of attorney`s confidentiality duties, would disclosing to an attorney have anything to do with making an invention unpatentable?

Even if a person does not specifically "choose" the attorney to do any work related to the disclosed information, doesn`t the bar probably consider the discloser to be the attorney`s client?

-------------------------

Independent Distributor of Nutronix International and The Berry Tree

http://income.wellnessguy.info
http://products.wellnessguy.info
http://bbb.wellnessguy.info
RosannaTussey

posts: 63

Jun 12, 2007 4:03 PM ET    Quote  Report Abuse
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This thread really underscores the importance of choosing the people you work with carefully. Legal issues aside, when you team with like-minded professionals who share your values, you stand the chance of developing much more fulfilling professional relationships. 

A little due diligence goes a long way. Consult your attorney regarding how to protect yourself legally and which agreements should be executed, but also know who you are working with and how they may affect your business.

 

 

 



-------------------------

Rosanna Tussey
Owner
New Mexico Candle Co.
http://www.nmcandleco.com
patentandtrademark

posts: 1332

Jun 12, 2007 4:21 PM ET    Quote  Report Abuse
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attorneys do have to play by certain rules, though telling them something does not automatically make you a client - thank god.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
Jun 12, 2007 4:38 PM ET    Quote  Report Abuse
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Not to beat a dead horse, but if Sylvie is not just "telling them something," but instead  consulting with an attorney "in [sic] order to know if I need a patent or another kind of protection," would not the bar consider the discloser to be a "client" for purposes of imposing an attorney-client obligation?

-------------------------

Independent Distributor of Nutronix International and The Berry Tree

http://income.wellnessguy.info
http://products.wellnessguy.info
http://bbb.wellnessguy.info
patentandtrademark

posts: 1332

Jun 12, 2007 4:53 PM ET    Quote  Report Abuse
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it depends on the "obligation" you are talking about.  lawyers have a lot of different kind of obligations to clients.  if you come in to my office but don`t hire me, my duties to you are probably very very limited.  for example, if i learn something that might be helpful/harmful to you next year, i probably have no duty to track you down and inform you about it - though I may have some duty to inform a "real" client about the helpful/harmful info.  the lawyer is not a hostage the minute somebody walks through their door.

I`m not sure what the difference is between "telling them something" and "consulting." 



-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com
Sylvie

posts: 32

Jun 13, 2007 9:44 AM ET    Quote  Report Abuse
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Interesting!  very interesting all those points.

It is good to know them. 

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