Author Topic: NDAs  (Read 1172 times)

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Bootcat

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Re: NDAs
« Reply #1 on: October 28, 2016, 07:18:53 AM »
I have the opposite stance to yours.
The main reason is, besides the relationship covered or not by the NDA (say companies A + B) there may be a number of other companies working either with A, B or even both.
As a client, I don't want my supplier to reuse my design work with other clients (or their inhouse brand) or advertise that he works with me.
As a supplier, I don't want my short run, high cost product to be sent by my client to another supplier for reverse engineering and long run, low cost production (unless I sell the design rights to the client of course).

Food for thought.

SunriseTacticalGear

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Re: NDAs
« Reply #2 on: October 28, 2016, 08:40:20 AM »
Here is an email that I recently sent to a potential customer that wants me to do design and prototype work for his organization. This was after I explained to him that NDA's can be very restrictive to a designer like myself, since I normally use design elements that I have proven to be successful, and I don't want to relinquish the rights to use them on future projects, just because I used them on his job.

He asked if I had anything on hand that I was willing to sign, and here is my reply.

XXXX,
I really don't have anything, so if you would like to put something together that would be great.
The points that need to be covered are as follows, maybe more.
I will not disclose your company or employees to others outside my organization.
I will not share your product or idea with anyone outside my organization
I will not build your specific product and sell it as my own. I say "specific" because if it is a mag pouch, I already build and sell them.
All prototype work will be your property including build notes.
Thanks, Scott

Everyone needs to make their own decisions in business to protect their assets, my stance is that ideas are perishable. The companies that you really should worry about "Cabelas" "Midway shooting supplies", just to name a few that I know have stolen product ideas and sent them over seas for cheap production, they have the resources to tie you up in court for years draining your mental energy and bank account until the product is no longer fresh or profitable.
That's why I choose to align myself with like minded businesses that I can trust.
I welcome all thoughts on this.
Scott

« Last Edit: October 28, 2016, 05:11:01 PM by SunriseTacticalGear »

Bootcat

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Re: NDAs
« Reply #3 on: October 28, 2016, 09:55:20 AM »
Reading this I see that I forgot one thing: for most of the design+production work that I do, I don't sell the exclusive rights to the product, so my hands aren't tied by the NDA. I agree that it would be too restrictive.
It may be a case of different intellectual property laws between countries.

In France, the designer (or the company he's employed at) may relinquish all commercial rights to his work but it must be positively agreed, it's not presumed to be the case. If he doesn't relinquish all rights he technically grants a time-limited exploitation license to the client who must keep the designer informed about production (and maybe pay license fees if so agreed). Lastly the designer cannot cede his intellectual rights to the design, the "drawing" as we say.