Non Disclosure Agreement info required?

[Lucan Unlordly]

About 6 years ago we met with the CEO of a Sports Governing body to discuss opportunities to utilise some membership software we'd developed that had become the number one source of contact within the industry. A NDA was signed in the name of the governing body which surprisingly - to me anyway - had no fixed term, no end date but with the option to terminate with significant notice from either party. Nothing came of the meeting but a full insight into our product and exchange of documents took place.

I'd taken advice regarding intellectual property rights and was advised that the main filters and processes used to narrow any searches were not in themselves licensable, but the combination of several and creation of named filters may be?

I hear on the grape vine that they are now looking to replicate our product. The NDA is still in place and our terms and conditions disallow anyone from copying what our software does. To view our product they would have had to have compromised the access of a member by using their password.

What I need to know is whether the NDA alone would prevent them creating something with similar albeit generic processes?

 

[DontAsk]

What I need to know is whether the NDA alone would prevent them creating something with similar albeit generic processes?

Maybe. If they breached the NDA by passing details of your product on to a 3rd party developer.

If they are merely copying your product you will need a different angle.

 

[Lucan Unlordly]

Maybe. If they breached the NDA by passing details of your product on to a 3rd party developer.

If they are merely copying your product you will need a different angle.

In order to copy it, they must have gain access or have input from somebody with the password. If that's the case I'm thinking take legal action to force the developer to give us the name of the person who's helped them?

We are way off of that stage yet....

 

[DanteMosley]

Dealing with legal stuff, especially around intellectual property and NDAs, is tricky. Here's my take, but remember to get legal advice for your specific situation:
Look over the agreement to understand what it says about confidential information and what happens after the agreement ends.
Keep a clear record of all the info and materials you shared under the NDA.
It's crucial to talk to a legal expert to navigate this situation properly, especially if you're worried about the sports governing body copying your product.