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Posted: 5/21/2005 1:20:49 PM EDT
When having one written or downloaded should it be written for your own state or the state of the person whom you are sending it to for it to be valid?
I am sending some things to several differant people for RFQ's and want to make sure that no-one runs with my idea if they see it and think it is viable. I dont want no do I think it is a patentable thing I just dont want whom ever I send it to to do it themselves if they think theere is a market just because I sent it in for a quote.
Link Posted: 5/21/2005 1:29:00 PM EDT
Generally, you have the right "choice of laws" in a contract, and it is usually enforceable. IOW, you can say "This contract shall be construed and enforced in accordance with Shari'a as interpreted by the Ayatollah Ruhollah Khomeini," and that's the law will generally be enforced. The glaring exception is where (as some jurisdiction hold with respect to some elements of noncompetes) part of the agreement is unenforceable as a matter of policy -- i.e. "We don't do that here."

I suggest that you consider the following: Figure out what jurisdiction (yours or theirs) has the law which best favors you, and choose that law and include language that jurisdiction shall lie only in the courts of that state, which is another thing you can choose, so long as there is some connection between the agreement or parties and the chosen state.

I would go "belt and suspenders" and add a paragraph saying that the idea/process/whatever-i- is is acknowledged to be the property of [YOU] and that [HE] agrees that you are entitled to all revenues from the use or exploitation of whatever-it-is by either of you or by any person to who the whatever-it-is may be transmitted.
Link Posted: 5/21/2005 1:37:11 PM EDT
[Last Edit: 5/21/2005 1:38:11 PM EDT by Max_Mike]
Let me make one thing absolutely clear…

Non-compete/non-disclosure agreements piled 5 miles deep will not make one bit of difference if you are not dealing with honest people. No matter how well written non-compete/non-disclosure agreements are easy to get around if you are dealing with dishonest person to begin with. If they want to screw you they wiil find away.

Get them anyway you might catch a dumb crook.
Link Posted: 5/21/2005 1:42:17 PM EDT

Originally Posted By Max_Mike:
Let me make one thing absolutely clear…

Non-compete/non-disclosure agreements piled 5 miles deep will not make one bit of difference if you are not dealing with honest people. No matter how well written non-compete/non-disclosure agreements are easy to get around if you are dealing with dishonest person to begin with. If they want to screw you they wiil find away.

Get them anyway you might catch a dumb crook.



Or collect some damages.
Link Posted: 5/22/2005 9:03:34 AM EDT

Originally Posted By FLAL1A:
Generally, you have the right "choice of laws" in a contract, and it is usually enforceable. IOW, you can say "This contract shall be construed and enforced in accordance with Shari'a as interpreted by the Ayatollah Ruhollah Khomeini," and that's the law will generally be enforced. The glaring exception is where (as some jurisdiction hold with respect to some elements of noncompetes) part of the agreement is unenforceable as a matter of policy -- i.e. "We don't do that here."

I suggest that you consider the following: Figure out what jurisdiction (yours or theirs) has the law which best favors you, and choose that law and include language that jurisdiction shall lie only in the courts of that state, which is another thing you can choose, so long as there is some connection between the agreement or parties and the chosen state.

I would go "belt and suspenders" and add a paragraph saying that the idea/process/whatever-i- is is acknowledged to be the property of [YOU] and that [HE] agrees that you are entitled to all revenues from the use or exploitation of whatever-it-is by either of you or by any person to who the whatever-it-is may be transmitted.



So whichever state has the strictest laws, use that states law as the basis for the agreement? Is that the gist of it? I'll go with your suggestion in your "belt and suspenders" paragraph too. Thanks,

S.O.
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