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

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PART A: Consultancy in Nigeria
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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.

As a result of my own experience and inspired by other threads here in Nairaland, I decided to put together this guide to submitting winning proposals. This guide is NOT a how-to manual of writing proposals. It is more about the process of securing that job based on your bright idea contained in the proposal. I have prepared the following STEPS that you can follow, give or take a few steps.

1.YOURSELF - THE "CONSULTANT": I am assuming that you see yourself as a consultant who has some service to offer/market to someone else. This service can be your skill, expertise, knowledge, experience, etc. It can also be a tangible product, but products are not covered in detail here. Well, the good news is that you don't have to obtain a degree in catering or home economics before you can be a consultant to Nestle or Mr Biggs. You don't need to be a programmer to get a consulting job with Google or Microsoft. All you need is demonstrate the capacity to bring together the appropriate resources (i.e. creative ideas, skilled people, equipment, money and time) into solving a particular problem of theirs. That's it.

In other words, if you spend a great deal of your time writing proposals, then technically, you are engaging (or trying to engage) with organisations as a consultant (i.e. a problem solver). Some of us are serial proposal-writers. Good enough, but while consulting is a career, writing proposal is itself not a career, but one of the things consultants do to get jobs.

2. YOU ARE A PROFESSIONAL: By professional, I am NOT referring to the course you read at University or Poly. Professionalism also has little or nothing to do with your experience or your job description. If you spent 10 years doing rubbish or mediocre work as an engineer (for example), this only gives you 10 rubbish/mediocre years of engineering experience in your CV. Nothing more. Professionalism is therefore the approach or how you go about doing what you do for a living. If you are a street sweeper, or you are into the business of emptying people's latrines; well, you don't need a degree in cleaning technology to be a professional. Your positive, dedicated and no-nonsense attitude towards your job makes you a professional.

Having said that, dont be tempted to be a consultant to everyone and every industry. Have a focus and look for a niche market where your strengths (skills, interest, experience) match the available opportunities. Also look for aspects that you need to improve upon. Useful education does not start or end with diploma or degree. It is therefore terribly important that you appraise yourself and know what your strengths and weaknesses are. Think about it: a map can help you get from point A to point B. But if you dont know where you are, a map is very useless to you. So, appraise yourself honestly.

In terms of general approach to professionalism in consulting, I assume that you that you have registered a business (e.g. Runsman Nigeria Limited); you have letter-headed paper, stamps, an official address – the whole works, including a P.O. Box address. These are basic examples of tools to help you be a professional. In this day and age, a website is STRONGLY recommended. It costs about N10,000 for annual hosting of a website with free domain in Nigeria. Create an email address using your company webmail and stop using Yahoo or Gmail. You will agree with me that an email address like: tunde.obiora@runsman.com.ng sounds more professional than: get2tunde_obiora2007@yahoo.com . Make sure both your email and company website (i.e. www.runsman.com.ng) appear very well in your letter-headed paper and complimentary cards. Also a Being a professional consultant is not directly proportional to years of experience, although experience can help. What matters is that you are in a position to be taken seriously as a reliable partner and as a problem-solver because that is what consultants do. They solve problems. People will subsequently rate you on achievements and not how long you have been doing what you are doing.

For web hosting companies in Nigeria, search Nairaland threads using that white search space at the top of this page. I can vouch for and recommend McReal.net, but its your decision.

So, as a professional, there are two ways of solving problems. Firstly, you can approach a client’s problem depending on whether they KNOW they have that problem, or secondly, you can still approach a client with a solution, even if they are unaware that there is a better way of doing something. In the second case, you can demonstrate your astuteness and sharp mind. They will usually appreciate an outsider seeing solutions which they did not see in-house. Your stock will rise.

3. YOUR IDEA: Once you have a ready solution to somebody’s problem, trust me, you have a business. This guide is not meant to cover business ideas but it can be assumed that you truly have a solution that will help someone or some organisation perform better…And that you are not relying on your PDP-card-carrying father to help you swindle some helpless Nigerian out of their ideas by replacing the cover-page of their proposal with your company’s own. I hope not.

Try to focus on solving non-core problems of clients which enhance their business process without disruptions of regular service. For example, try to provide a support service, or to increase their profitability or their market presence, etc. Don't go and ask GTB or Zenith Bank to change their name, their logo or to convert their business into pure mortgage banking because that will be hard to achieve, without a justifiable re-branding exercise of tectonic proportions.

Contracting is NOT the same as consulting. Supplying goods is also not consulting. Consulting is a problem-solving kind of advice or service and many consultants rely on contractors and suppliers to get the job done. Catch the drift? As a consultant, your job can simply be to study a problem and design a solution for which you are paid a commission. You may or may not be asked to execute it. So study your skills and experience and decide if you are better of in designing solutions only or you can also execute the solutions using available resources.

Your idea +/- {skilled workers + labourers + time} + client's money - {profits + tax} = consulting.

4.THE “SKELETAL” PROPOSAL: Assuming that you have an idea (solution to a problem) which is actually worth something to someone, you should start by preparing two versions of your proposal. One version (which you distribute freely) should NOT contain the details of how the work will be done. We call this the skeletal proposal. The skeletal proposal should contain: (a) Introduction about yourself/company; (b) Problem Statement; (c) Expected Benefits or Return on Investment; (e) Cost of Project; (f) Timeline of Execution; (g) Conclusions and summary of past/similar projects if applicable. (Hint: ensure that you include VAT and contingency funds in your cost estimates - cos thats what professionals would do). There can be other sub-sections to this proposal, depending on the field or needs of the project/client.

5. THE “KOKO” PROPOSAL: As you can see I omitted item 4(d) above. This is methodology section, i.e. HOW you will solve the problem. This is the meat of your proposal or as D’banj would say, “the koko of the matter”. You will include this item (d) Methodology only in the second version of the proposal. This methodology section is where YOUR actual idea or novelty or skill will show. This methodology is the flesh and bone of your detailed proposal (the real deal) which you must NOT under any circumstance give to anyone without following STEPS 6 and 7 below. If you give it out, and someone goes and executes the job behind your back, don't come and lament on Nairaland. We are tired of lamentations. We want success stories.

6. LEGAL PROTECTION: As soon as your skeletal and koko versions of the proposals are ready, speak to a legal representatives (registered lawyers). You don't need to show them the proposal, even though by consulting them, they are legally bound to keep it confidential. However, I advise to show them only the skeletal version. Anyway, the idea of legal representation is so that they help you obtain either one or all of the following (as applicable):

a). NON-DISCLOSURE AGREEMENT (NDA): This is a legally binding document which after being signed by all parties, allows you to disclose/discuss your idea to other signatories, but the NDA forbids them to discuss, exploit or market your idea to anyone without your explicit permission. If you are worried about the cost of drafting an NDA, look for a fresh lawyer who is also starting out and who is also looking for clients and trying to make a name/establish. He/she will likely be willing to build relationship and offer cheaper services. Dont go to Jegede, Nnamdi & Partners, yet. Wait until you have become a big player.

b). COPYRIGHT: This is a legally binding protection of your creative work from misuse or exploitation. Copyright gives you legal evidence of ownership of your work and is effective from date of it being received by the accredited agency. It is cheap to acquire copyright in Nigeria but I don't have specifics. Don't just put the letter ‘C’ in a circle and think you have copyright. There is legal documentation and in countries like the UK you can get a Copyright stamp or sticker to place on your proposal. It costs about £40 to copyright a material in the UK using online method of lodgement and the copyright is effective from the date of lodgement. The date of lodgement is important, just in case someone else comes up with the “same” material, which is unlikely - unless he/you copied from you/him.

c). DESIGN RIGHT: This is usually applicable as legal protection for the “look”, “shape”, “appearance” or “feel” of a product (which you are not infringing upon someone else’s right). For example, you can have a design right for using a specific textured material to produce a unique design of a Kaftan or Palm Sandals. Yes, you can! - How to enforce your design right is another matter. This is what designers like Gucci and Calvin Klein usually do to their jeans and handbags. Design right will give you (through a court order) the right to escort a pick-up full of policemen to the warehouse or workshop of anyone infringing on your rights by making counterfeits or 'similar' versions of your palm sandals...or whatever.

d). PATENT: This gives you cover and ownership for the specific AND actual design of a unique product. A patent issued in Nigeria covers only Nigeria. If you want global coverage, you are better off seeking a PCT patent cover. Most countries are included except the you-know-whos. Local patent is cheap but PCT coverage will cost you thousands of dollars. However, you can acquire a local patent and in the 24-or so months it takes to approve/pay your PCT patent, you can market the idea under the “patent-pending” umbrella. Be careful that your patented design does not infringe on existing products or designs which are themselves patented. Abi you never hear how Apple and Samasung are fighting over use of patents in their phones?

Note: You cannot patent a proposal, but you can copyright it. You can however patent the design of a unique product (e.g. a special guguru-making machine that you invented). The patent application must have specific technical details of a design of the product which must be feasible. Also, a patent is NOT by itself a money spinner. To make money from patent, you can (a) SELL the patent outrightly (e.g. to Dangote Group, if they are interested in cornering the guguru market in Africa); or you can (b) LICENCE it to them, which means they give you royalty for every guguru (made from your machine) that is thrown into our mouths. A patent, in other words, gives you the right to sue Dangote, Dantata or Dan-asabe, IF they manufacture or sell your guguru-making machine without settling you. A patent also allows Dantata and Dangote to sue Mama Sikira if she makes the special guguru from an Aba-made version of your machine....and you can also sue Mr. Obiora, the Aba-based manufacturer of the fake version of your guguru machine, (that is if you can catch him). Patents usually last for 25 years, after which it is free for all.

What then is a copyright? As I discussed in another thread here in Nairaland: let me explain copyright using an example of a Nollywood script: You cannot copyright the story of late MKO Abiola (of blessed memory), but you can copyright a script based on 'how' YOU tell the story of the key players of June 12 election. For example, you can have copyrights to a novel or film scripts titled MKO: The Untold Story, with creative details of: how Abiola campaigned, reacted to the cancellation of elections, the demonstrations that took place, semi-fictious account of how Sergent Rogers liquidated NADECO people, how Abiola was betrayed, went on exile, came back, was jailed and died - all these using YOUR OWN WORDS and choice of fictitious and supporting characters. This can be a Novel or Movie script.

Anyone can write a novel/script on June 12 or Abiola, but if the presentation of the story (the plot, narration, characters, etc) is similar to yours, you can sue the living daylight out of the copycats. By extension you can also have the film rights to your story on MKO. No one can adapt your story into Nollywood, Kanywood or Babasuwewood - without greasing your palms first. Read about Da Vinci's Code and the controversy behind the novel/film to understand this issue better.

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PART B: Protecting your ideas
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7. GUERILLA INSURANCE FOR PROPOSALS: As this guideline is meant for Nigerian entrepreneurs who are in all likelihood (99.9% of the time) going to be out-muscled or cheated out of their sweat and blood, you are advised to get yourself a discreet audio-visual recording equipment. Although the NDA and Copyright discussed earlier/above should cover you in case your ideas are stolen, unfortunately, the Nigerian legal system is still facing challenges of implementation. So having a digital record of your meetings and discussions with potential clients is your back-up plan. For example you can arm yourself with a spy camera hidden or disguised as a Pen, Neck Tie, Button or a Wrist Watch. This will be used to "informally document" the fact that you met so and so people, on so-so date and that you discussed so-so idea of yours with them. This is just a back-up plan. Don't EVER let them know you are recording. But you should not be setting a trap for them either and if you KNOW they will eff-up, avoid them and dont waste your time. Inasmuch as the NDA, Copyright and Patent can cover you (legally) when the shyt hits the ceiling (and they exploit the idea behind your back) you can hit youtube with evidence that they stole it from you. If they are a decent organisation, they will beg you to take it off. Name your price and smile to the bank.

Note: Because it is Nigeria we are speaking of, I won’t advise you to tell your lawyer about the audio-visual recording. People can easily be settled or compromised including some of our lawyers. And he/she may trick you into parting with the recorded material for whatever reason. This is your last hope if things go wrong. There are many honest and decent lawyers out there but how to identify one that you can actually trust whole heartedly is a different matter that requires a new thread on Nairaland.

Tip: where to get spy cameras in Nigeria (I am NOT endorsing these companies in any way)
http://www.amebogadgets.com/
http://spyemporiumafrica.com/

Secret audio-visual recording is a very powerful tool. Even without any of the other points in this write-up, if you simply implement secret recordings of your meetings/dealings, (i.e. what I call Guerilla Insurance) you stand a chance of re-claiming your ideas or the credits/benefits of your work, if someone decides to steal it. Just think of Oteldola and how he has got Farouk Lawan and Co by the balls right now simply because he was smart enough to record the bribe-taking process.

8. CREATING IMPRESSIONS: Don't EVER go late to your meetings. Never. If you have reason to be late, call the client at most 15 minutes to time to explain that you will be unavoidably delayed (traffic jam, etc). And if you arrive early, don't prance around like a desperado looking for his first break. If the time for meeting has come and no one has attended to you, after like 20 minutes, keep glancing at your watch (no, not mobile phone - a real wristwatch) like you have better things to do with your time. Try and appear to be slightly (but maturely) impatient. Dont overdo it with fake phone calls and fake yankee accent - like Jim Iyke on a poorly crafted Nollywood script. Someone may be sizing you up and you need to look like you have other clients. If they stand you up or keep postponing the meeting, don't always agree to their date and time. Negotiate it, even if the date and time are actually acceptable. You need to create the impression of someone who has other things to do.

As a rule of thumb, I NEVER wait for clients for more than one hour...UNLESS someone comes and explains to me that so-so is busy and apologises for keeping me waiting. After one hour, I would drop my card with the secretary and walk out with a smile, telling the secretary to tell 'Oga' that "...we will keep in touch, but I have to go now". For efizzy, I would sometimes write this same statement at the back of my complimentary card, and I would look the secretary straight in the eye, telling him/her that "ensure that your boss gets this". I would also drop a polite (two sentence) email afterwards, saying: "Hi, apparently you were pre-occuppied when I called earlier today. Unfortunately, I could not wait longer than one hour, as I had to be somewhere. Can we reschedule?, Cheers" In short guys, you gas to pose...or fake it until you make it, as they say. Dont send an email that is full of questions, desperation, eagerness or anger. Never. If a meeting is to be rescheduled, whether in their office, via email or over the phone, appear to consult your calendar and try to make them commit to YOUR own date and if possible a time that is suitable to you. Remember, your mindset is that of a business partner not a beggar. So DONT act desperately or too eager. Talk in measured and calculative tones.

Let me emphasise that if the client keeps posting you or is too busy to see you when you come for a scheduled meeting, you MUST avoid returning to the client day-in day out. It will send a salient and silent message to the client that you are either desperate or you dont have things to do. Try to call or use email to be sure that you are being expected.

Before you meet finally with their team, also prepare (have a standby) PowerPoint presentation of your skeletal proposal. Offer to make a presentation even if they don't ask. But don't force it on them. Dress well for the event and dress well for all subsequent meetings. If you don't have a decent (or any) car, borrow a friend’s car when you visit the client. This is important. If I am the owner of an IT or Telecoms company, I would be happy to do dealings with (and part with N10 million Naira to) a smart-looking consultant and not someone who looks like he needs change to climb the next available okada-bike to his house. Successful consultancy is a complete package: from a well-crafted proposal, to legal coverage, physical appearance, body language, timeliness, guerrilla insurance, etc.

9. THE MEETING: After securing 6a, 6b, 6c or 6d above and after buying any of the audio-visual items in STEP 7 above... and after preparing well as in step 8, you can now confidently approach prospective clients (private companies or public/govt agencies). Make sure you record all your meetings using your secret audio-visual device. This is the 21st century. The digital age. Use technology to your advantage. If you are presenting (e.g. with powerpoint) PLEASE dont ever read the slides word by word. If you read/recite, then what is the point in presenting? why dont they just sit in their office and read it themselves? Powerpoints should only contain summary points in form of text or graphic/image which you will elaborate upon by EXPLAINING. Dont recite powerpoint like Cyril Stober on NTA News.

Present (or discuss) your work in an interesting way. Presentation is the best chance for them to hear from the horses mouth and to clarify any issues. If you are doing a Powerpoint or Chart/Board presentation, walk slowly (1 to 3 meters) in front, between the audience and the Slides. Dont stand in one place like the Police orderly to a local govt. chairman. Make gentle hand gestures. Look at them in the eye as you speak. If you are discussing a cost issue, look at their Accountant as if HE or SHE is the most important person in the room at that particular time. If you are discussing Marketing - make strong eye contact with the Marketing Manager. When it comes to issues of profit and return on investment, look at the Oga kpatakpata in the eye because that is his/her bottom line or main interest...and so on. For each aspect of your proposal, focus on specific members of the audience. Not that others dont matter. This is how you make a convincing presentation. Gradually, you will have each team member on your side, because psychologically, you have made them feel important. You have carried each person along. People like being made to feel important.

Always encourage them to ask you questions. Be patient even if they interrupt. If you dont have answers to any question, abeg, tori olorun, biko, don Allah, do NOT lie. You are talking to people who are experienced and lying will turn them off. Instead of lying with a Bu11shyte answer, say something like: "...you know, thats a good question and an important issue, which we ought to consider, going forward... Perhaps we can sit down later and explore the options...?" They will appreciate your honesty. No one in this world (and certainly no proposal) is perfect. If you try to lie your way into perfection, you will fail woefully. And once the first impression of yourself contains inaccuracies or lies, hmm, e go hard you subsequently to build trust. Why should they not doubt other things you say?

Presentation is a VERY powerful tool. Practice makes perfect. Always use terminologies of the industry that you are dealing with. Dont blow big grammar for grammar sake. For example, when presenting to telecoms people, use words that are common to telecoms professionals.

10. THE LONE RANGER: It is strongly advised that you do NOT go to such meetings alone. It does not speak well of you and your fledging consultancy outfit. Take along one or two employees (if you have any) or ask a couple of equally well-dressed friends to accompany you and act as willing subordinates or partners. There is strength in numbers and a one-man consultancy does not inspire confidence. Be careful of the kind of friend you take along. As I-and-I brethren (Bob Marley) fe lament ina de reggae song: only your friend know your secret, so only he could reveal it…..!

Last-last, if you have no choice (when push turns to shove) carry your brother or sister with you - but introduce them as colleagues or associates. For example saying something like:".... and this is Chinyere, my younger sister, bookeeper and secretary" - does not sound as professional as "....please meet Chinyere, our head of Logistics and Marketing". Chinyere must be told to smile curtly (i.e. dont flash her teeth as if she has just seen 2Face Idibia in real life). All handshakes must be firm (a sign of confidence). And as you shake hands, look at each person straight in the eye and smile honestly like you are happy to meet them. Body language (firm handshake, genuine smile, eye contact) are very important - sometimes more important that spoken words. Generally, you should avoid going alone, especially at the outset when they dont know you yet. You will most likely be discussing with a TEAM of theirs… and it would look impressive and less intimidating if you have your own posse or boys to back you up (even if na demo).

11.INSIDERS AND STAKEHOLDERS: Before, during or after you must have met the government or private entity, it is advisable to do your homework. Get an insider in these organisations and sit with him/her and discuss the best way to get your proposal to fly without qualms. Having an insider is realistically, almost always necessary when dealing with Governments. It is the Nigerian way, sadly. You would usually agree to settle this stakeholder with a fixed cut of your profits. Don't negotiate to give part of the contract sum - otherwise, you will end up with a pittance and unable to execute the job; unless of course a certain figure has been built into the contract sum specifically for this purpose. Secretly record your meetings with any stakeholder as well. In normal countries under normal circumstances, you would not need “Insiders” or “Stakeholders”. But this is Nigeria we are speaking of and using insiders/stakeholders is typically necessary, especially with consulting work for government. I frankly don't use them because ethically, I feel it is wrong. Some of you may think otherwise and reality may be different from case to case. Personally, I dont like dealing with Nigerian government at all.

Note: Ensure that the insider or stakeholder you are dealing with is someone who can move and shake things. Therefore, cleaners and messengers don't qualify as such, but you can buy recharge card for them once in a while to tell you which office your file is hidden.

12. THE NDA-ed PROPOSAL: During the discussion of your (skeletal) idea with the clients, they will likely ask you for details of how the work will be executed. This is the time for you to bring out the NDA for them to sign - and hopefully, your lawyer friend was kind enough to accompany you. Make sure you introduce him/her. If they agree to sign, no qualms. You can subsequently share the Koko Proposal with them. Just for efizzy, you can even propose that they consult their lawyers BEFORE they sign the NDA. Some of them may be oblivious of what an NDA truly is or what the repercussions or consequences of disclosure entails. Besides, they will be impressed that you are concerned about legal matters and they will start taking you seriously. If they don't agree to sign the NDA, smile genuinely and thank them for their time. Walk out of their office and don't look back - appear to be making a call to the next client. Dont ever look disappointed. Real consultants always have a Plan B. In my case, I even have Plan B1, B2, B3 and B4. Since they are not interested or are not honest enough to sign the NDA, you can then approach their competitors or other potential investors with your proposal. Without an NDA, DON'T ever trust a Nigerian or any human being for that matter with your proposal - including me ; unless he/she is your blood relative and you are SURE he/she wont double cross you.

13. THE COPYRIGHTED PROPOSAL: Alternatively, (with or without an NDA) you can give them the detailed proposal but make it clear to them that it has been copyrighted. Show them evidence of this copyright - if your lawyer friend is with you, he will chip in with some legal terms like "Caveat Emptor" and so on. If they are smart, they will not try to dump you and use the proposal on their own. If they are dumb (up to 90% of your clients in Nigeria will belong to this category) they will take your detailed proposal and try to execute it without you. Just be alert and once you have evidence that they are using your copyrighted idea behind your back, you can do one or all of the following:

a). Get your lawyers to officially contact them seeking damages for infringement of your copyright material. Dont make the mistake of calling them/writing to them yourself. You would just end up sounding desperate. Let your lawyer officially write to them first before speaking on phone or physical meeting. Writing is a powerful tool. By writing officially, it becomes a documented evidence of correspondence. Also, dont post the letter. No. Let one of your staff/people take it there physically and get a secretary or representative of the company to acknowledge receipt of the letter by signing on a photocopied version. This is standard practice and it can be used in litigation or arbitration to prove that the letter actually reached them on so-so date. If you can afford it, send the letter by Courier since they have to sign for it, but for me sha, I like the signature on a photocopy of such letters. Why? Because it creates panic. Why? Because the secretary or whoever signs on the letter, will likely read part of it (tell your person to allow him/her to read it partially) ...and by doing so, he/she will now act as your unofficial distributor of "anxiety" in the office, because of amebo/gossip. This is good for you. The more worry or anxiety that your letter spreads among the staff, the better. Panic, anxiety and worry is infectious and it will soon reach management.

Please DONT ever take this letter by yourself: remember that you are the boss (and not a messenger) of your own company. Once the letter has been received by the management of the organisation, they may ask for discussions and negotiations - and so they will try to contact you. That is why you must write the letter using official letterhead of your lawyer/company - with your contact details (phone number, email, office address) clearly visible. Sit and wait. They will most likely call you. When they do, play hard, now that you have them by the balls. But dont speak to them initially. Ask them to contact your lawyer for discussion. More panic will ensue. Dont be desperate to discuss and negotiate a pittance. Let your lawyer act on your behalf and trust me, lawyers LOVE such opportunities to practice their grammar of legal consequences on defaulting people.

b). Use the audio-visual evidence in a court of law, but that is if it gets to that level. But tactically avoid going to court if you cannot afford the fees (pay attention starters-up). You dont want to spend money on court cases as a new consultant. Your time is also better spent doing other things (e.g. thinking of a solution for the next client/proposal). Also, you dont need unnecessary publicity at this stage. You need friends, partners and clients as your network grows.

c). If options 13a and 13b fail to yield result (e.g. they have managed to settle your OWN lawyer or the High Court Judge), then you should go ahead and directly contact the crooked organisations concerned and advise them that you have in your possession, certain audio and video recordings which will prove that it is your idea. And that you are going to go public with the evidence. Dont contact the secretary. Look for a management staff. You want to create 'panic', so hit them at the top.

d). If they are a respectable organisation and they are smart (at this stage, about 40% of your clients), they will contact you and settle the matter amicably. Again, squeeze the balls as hard but as reasonable as you can. Don't forget to record this negotiation or have witnesses in all meetings. They may still try to play smart and pay you in bits and pieces or refuse to pay the last instalment or whatever. Remember Otedola and Farouk - Have you noticed that they have left him alone because of the evidence he has? Play VERY HARRRD, in fact so hard that Taribo West will be impressed with your ruggedness.

e).If they are dumb, stewpid or careless (i.e. the remaining 60% of your clients) they will ignore you. In which case (when you cannot go to court for whatever reason) you can take your video evidence to Youtube, Nairaland, Sahara Reporters, EFCC, ICPC, etc. Wind go blow and foul yansh will be exposed. Jobs may be lost, heads may roll, kasala go burst. You or your family members may receive anonymous sms or phone calls asking you to take the material offline or to withdraw the case from EFCC. Hedge your risks carefully. The issue can get complicated, but hey, you can also remain very poor for the rest of your life. So the choice is yours. Just don't finger this post on Nairaland as your inspiration, please ! Abeg. I am not interested in either your wahala (or your profits), whichever be the case

14. THE PATENTED PRODUCT: As discussed earlier, you cannot patent a proposal because proposals tend to describe process or provide solutions using text, graphics or similar. They are hardly tangible products which can be designed and manufactured. The design and manufacturability of a product is key to getting it patented. Note that a patent is simply the right to sue someone if they use your design without licence or approval/agreement of some sort. If you are just starting out and you don't have either capital or time to make and market the product, I strongly advise you to sell the patent, get bulk cash and invest in your next big idea. If you are not desperate or the idea is too good, or no one is giving you value because of uncertainty, you can licence the patent to one, two or as many companies as you wish. Each of them will pay you a fixed royalty for every copy of the product that they make and sell. The licence agreement (and royalty payments) can alternatively be based on time frame, e.g. they pay you the sum of N2.5 million Naira at the last working day of every January for the next 10 years....and e nor consyn you weda dem sell di product or not. The license can be for as long as you like but note that the patent is valid for 25 years, after that, it is free for all. So licence wisely.

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PART C: Negotiating project cost and and your fees
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15.NEGOTIATIONS: Let us return to proposals as that is what most Nigerians tend to work with. Okay, so the client has agreed to give you the multi-million Naira job based on the wonderful, profit-soaring or earth-shattering idea in your proposal. They want (or rather, your copyright is forcing them) to do business with you. But they will always want to negotiate the cost of execution. Unless they are a government agency with no accountability to either the tax-payer or to the polluted oil-producing communities of the Niger Delta, they will want to negotiate your costs. They are a business and want to reduce expenditure and get value for money. Be prepared for this stage. Discuss with one or two trusted persons about all possible scenarios of negotiation so that you are ready for either an insulting-offer (e.g. an offer of 700K for a N10 million job). Also be prepared for surprises in case they are willing to scale the proposal up to N100 million. Don't look fazed or dazzled by the thought of buying your first jeep. Remember, you are a Pro! Keep looking cool and thoughtful...!

My advice is that sometimes, it is best (especially if you are just starting out as a consultant) to settle for a reasonable price even if you wont make much profit from it. Don't be greedy but don't be desperate too. What you require for now is the name and reputation. Referrals are your strongest assets as a consultant. Stop trying to hammer enough money to last your grandchildren with your first few jobs. And this is the problem with many of us in this generation: inpatience. If you only make 200K profit from a job (after tax and miscellaneous) you don't need to tell the next client that your last job was at a give-away price. All that matters is that you actually did a job and they can verify. For example, if you executed a N2 million project for Mr. Biggs, then Tanatalizers will take you seriously and you dont need to tell them you only made 200K profit from it. Dont lie and say you were paid N50 million if the contract sum was only N2 million. If they ask, refuse to disclose the details, as this is the professional and right thing to do. Why would you expose the confidential financial matters of former clients to a new (prospective) client? If they insist, tell them the figure you quoted in their own proposal is reasonable and similar to what you quoted for the last job. Say no more.

Also learn to negotiate well. My golden rule is to always add some extra money on some key features of a service that I am providing in my proposal. This extra money is not meant as profit but as a buffer. Why, you may ask? Well, the human psyche thrives on getting a good deal during negotiations. People like to think/believe that they got a better deal than you originally offered them. So dont start with your last price. Leave room for bargain: Always be ready to compromise - or appear to compromise. For me, when I am negotiating, I always appear to compromise some financial aspects. The client will think that his power of negotiation is giving him a good deal, meanwhile, deep down, I am laughing at him, knowing that I only compromised on what I originally made to be compromise-able. Cunny man die…cunny man bury am! Don't add the buffer money on cost of products that can easily be verified in the market. Make it some kind of service related thing (e.g. hiring experts, logistics, etc). Be creative.

And when negotiating costs, PLEASE do NOT be juggling figures in your head. Always have an extra copy of the proposal open to the very page containing costs, and bring out a pen and calculator. Appear to be considering the options - and whisper with your "associates". Shake your head gently once in a while and underline a few items. Punch the calculator, do some maths, nod slighly and then announce a counter-offer. Repeat this process as often as necessary until the deal is agreed. If you appear to be negotiating the price off-head, it will be clear that your cost figures are not credible. Think about it. Appearances and body language matter a lot in business deals, sometimes even more than what we actually say verbally.

16.WHAT NEXT: Just pass the knowledge forward. And please don't forget to actually do the job that you proposed to do.

I would especially encourage people to pay serious attention to Legal Protection and Audio-Visual evidence. Many of us have been cheated by the system for too long. It is time to strike back using the available laws of the land and information technology to our advantage.

Now that you understand the value of intellectual property, stop patronising pirated products.

If you are looking for examples of companies that you can deal with as a consultant, the list is inexhaustible, but you can start by considering organisations which can actually afford your service but which also have something to lose if the shyt hits the ceiling. As such avoid dealing government if you can help it and if you cannot help it, deal with career civil servants who have their reputation or pension at stake, or find someone who is honest (very hard, I know). Also avoid dealing with politicians and if you must deal with them, make sure you are dealing with their OFFICE (e.g. office of the Chairman, Umukpokoro Local Govt.) and not directly with chief Calistus Mbadi-Ego, the chairman himself. Also avoid dealing with one-man businesses at the initial stage. Remember, as a registered business, you represent a legally recognised and corporate entity regardless of your size or manpower. If it is a limited liability, then technically, you cannot be sued when things go wrong: it is your company that is being sued. So just as you dont personalise your business, avoid dealing with individual persons in consultancy. Or else, there will be no accountability.

In terms of client (and depending on your expertise or consulting interest) consider the following businesses as: Banks; Telecoms companies; Oil and Oil Servicing companies; IT companies; Manufacturing companies; Construction companies; Agro-Allied Companies; etc. You get the drift? Avoid government entities as much as possible unless your product and service can only be useful to them. People say it is only government that can pay for services in Nigeria. Na lie! Look harder. If you find a decent organisation, you wont need an insider because the management is profit-driven and there would be accountability. With government, you can win a job, but it can take you seven years to get your cheque cleared, especially if someone in the ministry or agency doesn't like you, your accent, or the religion which you subscribe to…or simply because s/he is a sadist.

All the best and thank you for reading.

*************************************************************
CAVEAT: I make no claims to be a world-renowned expert on consulting. All that I have written are based on things I know and have practised for more than 10 years. And they have worked for me and many people I know.

Suggested Reading:
1). Getting Started in Consulting by Alan Weiss
2). Million Dollar Consulting by Alan Weiss

Luck is simply a matter of preparation meeting opportunity – O. Winfrey.

I have to sit down, grab a cup of coffee, relax and read this lovely write-up.

[size=18pt]FRONT PAGE PLEASE!!!!![/size]

Great thread...but this proposal thing seems like a dangerous businesss. From hidden cameras in form of a pen to receiving text messages...what you forget to add is what we'll do if they send us death threats. Abi, dem no dey assasinate people ni?

I agree with everything you put up there. However, the average nigerian with a good product/idea/service is already struggling to make ends meet.

Except he/she has a friend or family member who is a lawyer and is willing put it in genuine effort, where do you expect the person to fetch the finance to pay for a nigerian lawyer?

Furthermore, how many of these 'insiders' will be willing to help you do some leg work, press some buttons etc etc without a fee?? Ofcourse, should there be an agreement and documents signed by all means the 'insider' should be appreciated.

Honestly, the business setting in nigeria is massively skewed against the 'have nots'. But that is not to say people still don't get their fair deals.

In addition to the threadstarters insightful posts I strongly advise people to be out and about. Go out and meet people. Exchannge complimentary cards. Don't just give urs out. Request for theirs too.

Also look out for those guys who attend events/seminars/conferences with PA's. Pally up with those people. They might just be the people you need.

OMO IBO: I agree with everything you put up there. However, the average nigerian with a good product/idea/service is already struggling to make ends meet.

Except he/she has a friend or family member who is a lawyer and is willing put it in genuine effort, where do you expect the person to fetch the finance to pay for a nigerian lawyer?

Furthermore, how many of these 'insiders' will be willing to help you do some leg work, press some buttons etc etc without a fee?? Ofcourse, should there be an agreement and documents signed by all means the 'insider' should be appreciated.

Honestly, the business setting in nigeria is massively skewed against the 'have nots'. But that is not to say people still don't get their fair deals.

In addition to the threadstarters insightful posts I strongly advise people to be out and about. Go out and meet people. Exchannge complimentary cards. Don't just give urs out. Request for theirs too.

Also look out for those guys who attend events/seminars/conferences with PA's. Pally up with those people. They might just be the people you need.

Thanks for your useful comment. I have edited that part to clarify that you can use a fresh or new lawyer who is just starting out like you. He or she is likely to be looking for a break and needs to build relationships and clientele. They will therefore likely charge less than established law firm. So your point of affordability of legal service is relevant. However, the truth is that most people avoid lawyers not because they cant afford the fees, but because they dont see the need. Or because they fail to appreciate the role of legal cover. For the average Nigerian who is just starting out, there is always a lawyer somewhere who will accept about 5 to 10K to draft an NDA, secure Copyright for you and even accompany you to one or two meetings. The money can be worth it eventually. Although an NDA can be done freely even by yourself, but legal firms and letterheads of lawyers can create stronger impressions. It is amazing how many established companies dont have official legal partners...until wahala starts. This is Nigerian mentality. We dont do preventive maintenance...we only repair broken machinery. So sad.

Touche drzed. Touche!

Something just popped into my head after reading your last comment.
You may have succeeded in giving some newly graduated lawyer a job. Truly, NDA's are freely available online. A simple google search could do that.

Someone going through this thread may decide to take it upon himself to offer this service for a token. This is similar to a number of accountamts that I know who balance the books for a number of SME's for no more than 20k every month. All they have to do is show up once or twice every month and their bank acount is credited. Multiply this by say 5 other SME's and that's a 100k for a few days job.

Good stuff homie. Good stuff!

OMO IBO: Touche drzed. Touche!

Something just popped into my head after reading your last comment.
You may have succeeded in giving some newly graduated lawyer a job. Truly, NDA's are freely available online. A simple google search could do that.

Someone going through this thread may decide to take it upon himself to offer this service for a token. This is similar to a number of accountamts that I know who balance the books for a number of SME's for no more than 20k every month. All they have to do is show up once or twice every month and their bank acount is credited. Multiply this by say 5 other SME's and that's a 100k for a few days job.

Good stuff homie. Good stuff!

Very true. Rather than sit around waiting for an employment letter, I think a fresh or small-time lawyer can provide such NDA and copyright services for a token sum. For a starter-up, it pays to network with fellow starters-up. In this case, for a starter-up lawyer, the trick and benefits of doing NDAs, copyrights and accompanying clients to meeting will come in the form of (1) having endless supply of clients: who even if they only pay you N10,000, but once you have even 20 of them, that's N200,000. And they usually tell their friends, and will also require more services later (2) building future relationships: people fail to realise that enduring consulting or business is based on relationships and trust. The earlier you build them, the better. Once you have a trustworthy lawyer whom you started hustling together with, in future, you and him will benefit tremendously from the relationship.

cheers.

Op, thanks for this great post. It will be very useful for us entrepreneurs.

Drzed, thanks for this. Nice stuff

Thank you very much Drzed. You just made my day.

Danso: Thank you very much Drzed. You just made my day.

You are most welcome.

Maybe I hadn't been looking hard enough, but, I still feel like saying, "finally, some sensible stuff in this section."

drzed, much respect, sir. That was really good work up there.

Now for one question, if you please. Say, instead of a consultancy, we're talking a whole new business, like, say, a gas station or retail store or something, and the entrepreneur in question drafts his framework from which he develops his final business plan. Is it any use to him to copyright such a plan?

My concern in that question is because the final business plan is necessary to raising finance and securing partnership where necessary. It also includes the fact that the framework from which the plan was formed might have been shared with other people during necessary pre-final plan consultations.

Ihedinobi: Maybe I hadn't been looking hard enough, but, I still feel like saying, "finally, some sensible stuff in this section."

drzed, much respect, sir. That was really good work up there.

Now for one question, if you please. Say, instead of a consultancy, we're talking a whole new business, like, say, a gas station or retail store or something, and the entrepreneur in question drafts his framework from which he develops his final business plan. Is it any use to him to copyright such a plan?

My concern in that question is because the final business plan is necessary to raising finance and securing partnership where necessary. It also includes the fact that the framework from which the plan was formed might have been shared with other people during necessary pre-final plan consultations.

This is a very reasonable and interesting question about establishing a whole new business as opposed to providing consulting services.

Let us assume for simplicity that your business idea revolves around establishing a new retail line and that you need to involve others, probably for funding or to fine-tune the framework or business plan.

My advice would be to enter NDA with any partners or third parties. It would be difficult to copyright a retail business plan because anyone can go into that business. However, the NDA will prevent all parties (that have signed) from abusing the privy information.

I guess your worry is that the proposed partners may ditch you and adopt your plans. This is a valid worry and this is an example of a situation where an NDA will protect you where copyright will not. The terms of the NDA would simply prevent the exploitation or any sort of use of the core concept of the 'specific' retail business by the signatories without consent of others.

It is on the basis of such a well-crafted NDA that you can approach lenders/banks or venture capitalists for funding. If you did your homework well, and if you really have some indispensable value, then most lenders/banks/venture capitalists will be happy for you to be part of the process and to apply your expertise all the way ...and also to share the risks with you. Most banks are not interested in your idea but how much money (interest) they will make from lending you the money. This makes banks a safer partner as per sharing ideas than say, individuals. However, you still need to be careful and ensure that an NDA is signed by the bank. With the NDA, you can still sue the bank or the management if you have evidence that a staff (e.g. branch manager) has gone to implement your 'specific' business idea. Talk to a lawyer for more detailed advice BEFORE you approach the bank or any lender/partner.

As a rule of thumb, walk away from anyone who wont sign an NDA. Let them go and develop the detailed proposal or business plan themselves. This is why you should have two versions and only disclose the full details once you are comfortable and papers have been signed. For example, lets say you have an idea to establish unique retail outlets in three cities: Port Harcourt, Abuja and Lagos. And your retail business has some uniqueness or some form of competitive advantages that will make it stand out (product range, suppliers, import market, pricing regime, etc). You should avoid discussing these details at the outset.

Also, you need to sincerely ask yourself: apart from the idea itself, what else am I bringing to the table? If you have experience, expertise, skill or some sort of education that makes you invaluable to the retail business, then this is always better. If all that you have is the idea itself, then your position is much weaker and you need as much legal protection as you can get. Always have a Plan B and be ready for copycats. The best way is to stay ahead of the game by being innovative in how you provide more and more unique services in your retail business. Creativity and determination will work well always. But seek other competitive advantages like site/location of your retail outlets, interior decor, discounts, loyalty card and points for customers, etc.

Finally, have you heard of the forty-percenters? For most businesses, it is said that one should never compromise the service given to the "forty-percenters". Let me explain: 60% of customers that walk into a typical business are just one-timers or passersby. However, 40% are people who will likely come back to patronise you again and again and again. These are the people who will sustain your business and you should identify them and never compromise their satisfaction. Even here in Nairaland, 60% of visitors are either passersby (unregistered guests) or people who are registered but hardly post, or hardly follow up. The people Seun should be concerned with are the frequent regular members (40%) who will start topics/threads, who will contribute posts in other threads...come back again to follow-up with new posts/comments etc. These are the people who keep Nairaland active and interesting...NOT the occasional visitors or those who are dormant members. Such regulars are also likely to "notice" the adverts on Nairaland and sometimes click on one. These are the people that will sustain Nairaland in terms of quality threads/posts/comments as well as revenue (click adverts). Seun will be crazy to mess with these 40%.

At the core of every business is trust and sustainability of services and customers. The longer term a trust is, the better. Think about the woman who roasts yam on the road side. If you have a habit of buying from her every working day at lunch time, then you are part of her forty-percenters. Believe me, the day you dont show up to buy roasted yam, she is worried (not about your money) but whether you are well or what may have happened. She will notice if you travelled or have been ill. She will greet you with a smile different from that of most other customers. She will ask about your health, work and family. She will not mind extending a credit line for you when you are broke or forgot your wallet in the office. She will even be ready to deliver roasted yam to your office. Apply this logic to your retail business and your forty-percent customers will always come back. When you have run out of a product, unless its an emergency, they will wait until you have been resupplied. Forty-percenting is an important competitive advantage in addition to the ones mentioned above.

I have never owned or operated a retail business before, so you understand that I am just using my experience to answer your question. I would certainly apply many of the principles I mentioned above, IF ever I was to go into retailing.

Cheers

^^^^ Thank you, sir. That was a very clear answer.

THis informative thread finally hits the frontpage...

This is so informative!!! I'm sharing this!

Waoh a "Daniel" has come to judgement this is fantastic and coke-tastic at the same time, ideas popping up already!!!
much luv bro

afam4eva: THis informative thread finally hits the frontpage...

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..

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.

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.

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?

Not only was this informative, your dialogue tone was very fresh and engaging. Have an e-hug! Page bookmarked

bookmarked. I go read am later on ma bed

@OP

Great write-up

Thank you for the tips.

@ Drzed
Nice expository write-up........really commendable.
I will like to get your contribution on a personal conception.
Please do well to send me a mail on samwilsonz@yahoo.com with this thread name as subject. I will be glad to have your contact.

Thank you

pls nobody should quote the poster, just comment & leave. thank you

How do you protect yourself from been killed after all these measures to protect your write up or idea. They might run after you if your idea worth millions