Nda And Patent Enforcement In Thailand

[mr3cho]

Does anyone have past experience in enforcing an NDA agreement or patent in Thailand? Or even perhaps the one who has breached such haha.

If you had a business plan & model and needed to present the idea to potential business partners, investors and/or mentor, how could you protect yourself? I realize that even in the western world this is a complicated matter. Some folks you share your idea with might be in a better position to implement the business faster than you could. Aside from assessing the capabilities of that person or group, how could you BEST protect yourself?

[KHR1010]

Enforcing an NDA/NCNDA is almost impossible. The best way to protect yourself is to have the IP or "vehicle" to facilitate this business model completely locked up, and a strong level of confidence that the people behind you will not entertain an attempted circumvention. You move forward with this package and offer the synergy your package offers what the JV group brings to the table. Without you the JV group cannot duplicate as you have secured your position.

If you do not feel you have a "lock" on this package you are brining forward, this is a good indicator that you have not properly positioned yourself to entertain the notion of a JV partner yet. Conversely, it may simply be that you are bringing forward a package that you cannot lock up, and in this case it will be duplicated if it is viable; it is simply a matter of how soon. In the second scenario, you are going to be the commodity and you need the JV group to by into you and value the relationship you bring to the JV, if you can create value in yourself this will be far more effective that any NDA.

Without knowing the what, when, why etc of your plans the above is just my experience. However, I can say with certainty that going into a JV with the notion that a NDA will protect you is business suicide.

[emsfeld]

I have no direct experience with NDAs in Thailand but to some extent in Western countries. I don't agree with KHR1010 a 100% (but close ); they are not completely useless - they really just protect your IP from very uncareful former partners/ employees who copied it one-for-one (and got caught on top of that). It very much depends on the nature of your business, but in my line of work an NDA can very easily be rendered out-of-scope by very simple changes to your existing IP - where the person in alleged breach can easily show that their IP is different from yours.

Some employers therefore couple the NDA with Non-Competes where they define the line of work you're not supposed to be competing with (plus geographical regions the NC applies to, ...). Often they word them so generally coupled with hierarchical clauses that they never hold up in court. Judges generally do not see kindly to NCs as they somewhat go against the public good (unless you're being compensated). If properly worded and very specific they can hold up, but usually limited to something like six months.

[Soutpeel]

Some employers therefore couple the NDA with Non-Competes where they define the line of work you're not supposed to be competing with (plus geographical regions the NC applies to, ...). Often they word them so generally coupled with hierarchical clauses that they never hold up in court. Judges generally do not see kindly to NCs as they somewhat go against the public good (unless you're being compensated). If properly worded and very specific they can hold up, but usually limited to something like six months.

NC or restraint of trade clauses in labour contracts typically are not enforceable in court when it comes to an employee contract, as this is seen as depriving someone of a livelyhood by the court and as stated unless they the companys pays you not to compete for the specifed period in the contract, a company has no legal recourse against the employee.

Went though this many years ago when a company I had worked for tried to sue me for "stealing" a client and it lasted about 10 minutes in the court and the judge threw out their claim out on the basis of you cant deprive someone of a livelyhood and the fact the engineering manager from the company I was accused of poaching turned up in court and stated on record that they approached me to do the work for them, not the other way around

Non-disclosue agreements however are another kettle of fish

[emsfeld]

NC or restraint of trade clauses in labour contracts typically are not enforceable in court when it comes to an employee contract, as this is seen as depriving someone of a livelyhood by the court and as stated unless they the companys pays you not to compete for the specifed period in the contract, a company has no legal recourse against the employee.

Again, depends on the industry, jurisdiction, and wording of your contract. I know of at least two jurisdictions (within my industry) where they (NCs) are enforceable for a fact (even unpaid), however, up to a time limit (six months at the most). Doesn't matter if you are/ were an employee or partner.

Coupling/ complementing NDAs with NCs (in my industry, again) makes perfect sense as the human capital is what makes the money (ie "competes" and becomes more competitive by acquiring IP). In my industry, it is very easy to get around an NDA and prove that you have not infringed, unless you blatantly copied.

[mr3cho]

Thank you everyone for the great answers. Thanks KHR for a perspective that I hadn't thought much.

I'll be on the search for a good attorney soon and have a bit to research on what IP of an online business can be protected aside from name and slogan.