International NDA / Confidentiality agreement

[lazypucker]

Maybe someone here knows about this.

I have an idea and want to engage some software developer to build an app. Just swondering if anyone knows anything about signing a Non-disclosure agreement and if it will hold up internationally, say I hire an offshore resource to do the development.

Thanks

[GGG]

Patents, nda, trademarks etc are only as valid as your willingness to sue the infringing party.

[KelVarnsen]

Hire local.

[oilyfan]

Originally Posted by lazypucker

Maybe someone here knows about this.

I have an idea and want to engage some software developer to build an app. Just swondering if anyone knows anything about signing a Non-disclosure agreement and if it will hold up internationally, say I hire an offshore resource to do the development.

Thanks

It's virtually impossible to draft a NDA that will hold water in every legal jurisdiction. And as pointed out if you are not willing to procedure, the NDA has very little value.

[PepsiFree]

Outsource to a jurisdiction that has legal standards you're comfortable with (in this case, laws that allow you to sufficiently protect your IP) and use verified and reputable developers.

You can get the same quality of software development done through outsourcing as you can locally at a fraction of the cost, and the savings is worth more than the extra time and effort it takes to ensure you're going with a good developer and your IP is safe.

[JohnnyB]

1. As already said, protection of your IP means nothing if you're unwilling or unable to take action to defend it. If you don't have the money to enforce something, don't count on an NDA to protect you.

2. An NDA is likely not enough protection even if you have the means to enforce it. You should want to add non-use and non-circumvention clauses to the contracts you form. If you don't do this, you're still poorly protected.

3. Consider the jurisdiction specified in the contract that you use and the business of the company you're working with.

4. If your business model can't handle someone copying your software, that by itself is concerning in that it suggests you lack a real competitive advantage. Nonetheless, if that's the case, consider getting a part-time software developer locally who you can trust to oversee the outsourcing process and outsource sections of work to different companies or programmers, so that only your local partner has all the pieces to put together.

[Frequitude]

^^^

I think you owe JohnnyB a beer.