The Art of (Intellectual) Self-defense
Every semester students in my class confront one of the fundamental paradoxes inherent in launching a new venture: the need to get into the market to conduct research while, at the same time, protecting one’s idea. One way to think about this is to explore all of the legal mechanisms available: trademarks, patents, copyright, non-disclosure agreements (NDAs), and non-competes. A familiarity with the advantages and limitations of these is essential, and I’ve often brought in experts to discuss the finer points of each.
The problem is that these are only as effective as your willingness and ability to enforce them. And that requires money–money which you either don’t have or, in the overwhelming majority of cases, you should be spending on building your venture not litigating.
In the end, the most realistic protection comes from limiting contact to people and institutions that have developed a reputation for trustworthiness and character. No one would think to meet with a prospective customer, vendor, or investor without doing business research beforehand. I’d extend that research to include “character references” as well. Think about it this way: who would you rather conduct business with: an individual who’s spent decades building a reputation for honesty, or a sleazebag who’s willing to sign your NDA?
