Saturday, May 22, 2010

Non Dislosure Agreement/Business Secret, how effective are they in Malaysia?

Hi,





I have a business idea and due to lack of time and the skills, I plan to hire a developer to implement my idea into a website.





I believe business ideas are the most valuable so therefore I would like to protect myself by asking the developer to sign a Non Disclosure Agreement before I give him the details (in a document) on what I would like to implement.





My questions are as below and I hope someone who knows the legal system in Malaysia could help me:





a) How effective is the NDA in protecting me and my idea? Would there be gaps/loopholes in the Malaysian legal system that the developer can still steal my idea, use it for himself and still get away with it?





b) Can I put in a clause/statement in the NDA that within a period of time (say 5 years), the developer or his immediate family or any companies which the developer has interests in is not allowed to implement a website similar to mine?





c) What action can I take against the dev if he breaks the NDA?





Thanks!

floral bouquets

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