Confidentiality Agreement: Can I Protect My Idea With an Agreement?

There are a number of common scenarios where a person will want to protect an idea or other confidential information that they share with another person. This can be done relatively easily by using a confidentiality agreement. By using this type of agreement, the person who has information disclosed to them can be legally prevented from sharing that information in most circumstances and you may be able to seek compensation for any loss as a result of their breach.

When you come up with an idea for a new product, you want to protect that idea so no one else can profit from it, copy it or even accidentally or carelessly disclose it without consequences. Also, in many cases if you invent or come up with a unique idea, you may want to be able to discuss it to seek some form of assistance in getting your new product off the ground, whether it be funds, development assistance, marketing or other specialized skills. If you want to seek investors to invest in your new product, service or idea, you may find that the investor needs to disclose information about your idea or concept to colleagues, the board or other financiers. The best way to protect this is by having them agree to your confidentiality requirements. In this situation, a confidentiality agreement can be used so any potential investor is under a duty to keep your concept, idea, service or product confidential regardless of the circumstances or you may have to option to bind their colleagues at the same time.

Another instance where you may require confidentiality to be maintained is where your company has a secret, new product or process that it does not want the general public or competition to know until it is developed further. However, in order to develop this concept, your company may need to share this information with certain entities such as internal employees, contractors or other businesses that they are working with to have various aspects of the product or process developed. To ensure your employees, contractors and other people who may be involved in the development or design of your company product or process, you can ensure you have a right to recourse if any information is leaked if you require them to sign a confidentiality agreement.

A confidentiality agreement can be an easy and effective way to protect your discussions, ideas and your inventions. Even if you are unsure if you will go ahead with your idea or concept, you still have the right to claim confidentiality on it if you have the proper processes and agreements in place to protect it. This is a simple agreement that essentially will outline that any information that comes out of a meeting or other specified relationship is to be kept secret and if it is disclosed to any unintended person, then you can seek either an injunction to stop them from leaking the information and/or a right to compensation for any loss as a result. In most cases, the person breaching the confidentiality agreement will have to pay damages for the breach of confidentiality.

Overall, confidentiality agreements can an easy way to be able to discuss your idea, information or any sensitive information you wish to keep private and not have discussed without your consent. It can give you confidence that, if there is a breach of confidentiality, you have recourse. The alternative is that you may lose your idea, your concept and your right to claim it as your own.