bandiejay: Thumb up Dr. Well packaged and informative thread but OP i need to ask this question. If i have a marketing strategy concept on a particular brand precisely Etisalat or Glo the idea is not physical but i have the proposal/manuscript in my portfolio for over 3years now i got discourage the day i came about a thread on Nl 2years ago where Seun said no one can patent an idea which is not physical whereas my idea is not a novel,jingle or Script whereby i can copyright but with this issue of NON-DISCLOSURE AGREEMENT, which i will not lie i am hearing it for the first time work for me?

My Idea is all about migrating to a certain Plan which as not been done by any network in Nigeria and by Migrating to the Plan a customer has to Pay 100 naira stuff like that Please polish me with idea and i will appreciate it thanks.


Just saved this article to my draft.

Wallie: Great thread! However, as someone that does this for a living, the inclusion of copyrights as a way of protecting your business idea is wrong. All copyrights does is to protect original works (creative and artistic) of authorship that is fixed in a tangible medium. In other words, it only protects written “anything” and musical plays BUT does not protect ideas, concepts, systems, or methods of doing something.

Wallie:
If you want to protect concepts, systems, or methods of doing something that’s where patent law comes in. If you want to protect the way something looks, that’s where Design patent comes in. If you want to protect your goods in the market place from other goods and services sold, that’s where trademark law comes in.

Wallie:
But as you correctly pointed out, contract law or NDA is what protects you when disclosing your idea to a company or person.

However, in the real world, the problem the average Akeem runs into when dealing with a big company is that they will almost never sign an NDA with an unknown company/entity.

Put yourself in their shoes for a second, would you want to tie your hands signing away your rights to something that will be disclosed to you that you may currently be working on or thinking of working on? How do you know the company that you’re approaching is not currently thinking or working on the same idea?

lagerwhenindoubt:
There was no other way but the Frontpage. There is a caveat though.. I found from Experience some Corporates give you a stand-offish mood when they see an NDA attached to your proposal. not that they won't take it seriously, they now have to talk to their Legal team who often see more risks than opportunities and kind of discourage interested parties. I would suggest this only when big bucks are involved.. anything from N100 million and above. otherwise it will be best to stick with IP and Copyright Statements that they implicitly agree to by breaking the envelope..

ade2tu: A lovely write up. I learnt a lot from this. Thank you Drzed.

drzed:

This is valid question. First of all, like I mentioned above patents apply only to physical manifestations of an idea. This is why it applies mostly to products or things that can be 'designed' physically or 'seen'. In fact, in reality, a patent is only given to a feasible product that is useful. Meaning you cannot (for example) get a patent for a perpetual motion machine, unless the continuous motion of the machine is proven/demonstrated/appraised to be of some practical benefit. This is to avoid useless patenting.

Secondly, you should understand that you cannot copyright an idea per se, but the 'unique techniques/processes involved' in executing the idea. In plain English, you cannot copyright profit making, but you can copyright an idea on some techniques, processes and steps, which if taken can increase profit e.g. by reducing cost and expenditures - all these, following a sequence of steps that YOU originated. In other words, for your proposed idea to be copyrightable, it must have an 'algorithm'. Dont be scared: an algorithm is simply a sequential order of solving a problem.

Now as for NDA, this is a legally binding instrument designed to protect the "exposure" of your unique idea as long as there is sufficient technical detail to make it 'yours'. For example, let us say your idea is about creating a unique data delivery service (i.e. voice, text and video) for a telecoms company. You can only ask Glo or Etisalat to sign an NDA if your idea involves something like - just an example, please: (a) creating a particular data delivery App for smartphones; or (b) using a GSM/3G network in a particular way that they (Glo/Etisalat) dont currently use; or (c) Creating a web-based service that re-routes data from users through the website to other user....etc/whatever. Any of these (options a, b or c) is clearly a novel solution which you need to protect with an NDA, so that it is not discussed with anyone other than you.

In fact, even a patent can be required/necessary/useful as in case of example (a) i.e. the smartphone App. As for example (b) i.e. a data exchange process via a unique GSM/3G networking system/process that you came up with - this idea can be regarded as a novel solution and can also be patented AND copyrighted. The third example, (a website) for a unique data delivery service via the internet can also be copyrighted, but I am dont think you can patent that. By default, you always own the copyrights to YOUR website - but not many people get documentation to prove this. So if you can design this website already BEFORE speaking to Glo/Etisalat, then you are in a stronger position to (1) demonstrate the feasibility of your idea; and (2) established a bona fide copyright which must not be infringed by anyone.

Sidenote on website: If you dont get legal documents for the copyright of your website, Glo/Etisalat can simply ask one of their web programmers to do something similar and they will try to prove that their website has existed before yours and that it is YOU who is infringing on their copyright. E no easy, rara!

In all the examples above, because your idea is novel (i.e. it is unique, non-obvious to the telecoms compannies) an NDA will always be relevant, unless you elect not to pursue this option. The actual components of your 'idea' will determine if a Patent (e.g. for an App) or Copyright (e.g. for the textual/graphical representation of a GSM/3G service system) will apply.

I hope this answers your question. As I dont know what your particular idea entails, I cannot advice further.

"Oh my God" in rented ascent ...... Ur head dey there sam sam just last week i was thinkingof having the concept running on website through the help of SMS short code who ever is interested will just send a text at a particular fee.but with this e get as e be sef..

bandiejay:
"Oh my God" in rented ascent ...... Ur head dey there sam sam just last week i was thinkingof having the concept running on website through the help of SMS short code who ever is interested will just send a text at a particular fee.but with this e get as e be sef..

drzed:
This is because people (inexperienced consultants) misuse NDA's and not because NDAs are a problem per se. The fact is that companies will refuse to sign NDA's because the entrepreneurs are too anxious....and like you said, the company does not YET know what they are signing. Anyone will get put off if you begin to mention NDA or distribute copies of NDA for signing in a first meeting. Go back and read my lines again: because I clearly stated that you need the 'Skeletal Proposal' in the first few meetings; because the Skeletal Proposal is plain and does not require NDA. It only explains that a problem exists and that you (the consultant) have devised a unique way to solve it and the solution basically involves XYZ. And you say no more. Once the company acknowledges that they have such a problem and are willing to listen to your solution and they see its relevance (e.g. usefulness, expected return on investment, etc) - once these basics have been established ...and they want to hear more...only THEN will you ask for NDA to be signed. Not before. If they agree to sign the NDA, then you can bring out the 'Koko Proposal'. In Nigeria as elsewhere, the problem is not the NDA itself, but how (inexperienced) people use or misuse it.

I hope I have clarified myself. Many thanks for your input.

drzed:
Secondly, you should understand that you cannot copyright an idea per se, but the 'unique techniques/processes involved' in executing the idea. In plain English, you cannot copyright profit making, but you can copyright an idea about some techniques, processes and steps, which (if taken) can increase profit e.g. by reducing cost and expenditures - all of these, by following a sequence of steps that YOU originated and captured in your document/proposal. In other words, for your proposed idea to be copyrightable, it must have an 'algorithm' to be followed. Dont be scared : an algorithm is simply a sequential order of solving a problem.

Now as for NDA, this is a legally binding instrument designed to protect the "exposure" of your unique idea as long as there is sufficient technical detail to make it 'yours'. For example, let us say your idea is about creating a unique data delivery service (i.e. voice, text and video) for a telecoms company. You can only ask Glo or Etisalat to sign an NDA if your idea involves something like - just an example, please: (a) creating a particular data delivery App for smartphones; or (b) using a GSM/3G network in a particular way that they (Glo/Etisalat) dont currently use; or (c) Creating a web-based service that re-routes data from users through the website to other user....etc/whatever. Any of these (options a, b or c) is clearly a novel solution which you need to protect with an NDA, so that it is not discussed with anyone other than you.

In fact, even a patent can be required/necessary/useful as in case of example (a) i.e. the smartphone App. As for example (b) i.e. a data exchange process via a unique GSM/3G networking system/process that you came up with - this idea can be regarded as a novel solution and can also be patented AND copyrighted. The third example, (a website) for a unique data delivery service via the internet can also be copyrighted, but I am dont think you can patent that. By default, you always own the copyrights to YOUR website - but not many people get documentation to prove this. So if you can design this website already BEFORE speaking to Glo/Etisalat, then you are in a stronger position to (1) demonstrate the feasibility of your idea; and (2) established a bona fide copyright which must not be infringed by anyone.

bandiejay:
…
My Idea is all about migrating to a certain Plan which as not been done by any network in Nigeria and by Migrating to the Plan a customer has to Pay 100 naira stuff like that Please polish me with idea and i will appreciate it thanks.

Just saved this article to my draft.

drzed: Proposals: Ndas, Copyrights And Patenting: A guide to protecting your ideas

++++++++++++++++++++++++++++++
PART A: Consultancy in Nigeria
++++++++++++++++++++++++++++++

Doing business in Nigeria is a nightmare. Just ask Richard Branson. For us, the younger, semi-frustrated generation of Nigerians, when it comes to doing deals with private or government entities, our entrepreneurs tend to suffer. This is because more often than not, their ideas are stolen without shi-shi to show for it. This is one of the banes of poverty eradication in our part of the world. Intellectual property is not respected and without that, individual effort will never be recognised or worthwhile.
better.[/i]

hisblud:

dear poster i have a question, lets say, i depend on another company which has a product that the govt/private company needs, can i have patent right over it? since i want to market that product to either govt/private company.

drzed:


I am not sure what you mean by: I depend on another company which has a product.

Is this product produced from your idea/design but 'manufactured' by this company which you depend on?

Usually, you cannot claim the patent rights over something which another company or person has conceived and developed, as that is technically 'theft' ....unless the product stems from YOUR original idea/design. That is, the product is wholly your idea and the company only helps in the manufacturing and/or marketing of said product.

If the product is of your own initiative, then you had better hurry up and patent it before the company (or anyone for that matter) does so, and you lose out. I must mention that it is possible (even if difficult) to patent a product which is already common but no one has claimed its design...as long as you are not challenged AND the patenting authority is not alert.

So as for your case, if the company (or anyone else involved) has made contributions to the development of this product (by development i mean: in conceiving the idea or in the design/development of the product) then you should not patent the product without their knowledge and/or participation. That would be cheating and this is not something I would encourage or advise.

Again, you may have conceived the idea from scratch; but if someone or company funded the process of developing the idea into a product (whether prototype or actual mass production) then it is worthwhile giving them a slice of the cake. You wont need to name them as co-authors of the patent; but they can own shares or be rewarded in some way or another. Intellectual property must be respected, whether it is a new song by Tuface; a keke Napep that can float during flooding; or a toothpick which doubles as chewingstick and cotton bud . Greed is dangerous. If you discourage stakeholders, investors and partners (i.e. you dont give them their due) you wont go far in entrepreneurial or manufacturing...unless you know where Mobuto hid his loot and you can fund your ideas all the time.

The day Nigerians begin to understand the need for respecting (and paying for) intellectual property, would be the beginning of the end of poverty in our land. Ideas rule the world. Money is just a tool to nurture, execute or purchase ideas. Few people understand this fact, unfortunately.

Cheers

Wsdm:
......A very nice post! You have put up something that shall be translated into So many aspects of life. I hope i will not be charged for copyright if i use your ideas on on my estate/property consultancy services.