Procuring Your Proprietary Product- Part 4

June 18th, 2019

How You CAN Take Your Proprietary Product Out To Market



Today’s post is written by Heather Powell, Director of Major Accounts and Special Projects at SafeSourcing Inc.

So you have decided that you are going to take your BBQ Sauce out to market. You have vetted co-packers abilities to make your product and market it to your standards, BUT how do you ensure they keep your recipe secret and not market it for themselves?

A non-disclosure agreement (NDA) is a legal contract between two or more parties that signifies a confidential relationship exists between them. The confidential relationship exists because the parties share information among themselves that should not be made available to any other parties outside of those involved, such as competitors or the general public or. An NDA may also be referred to as a confidentiality agreement.”1

Confidentiality agreements typically serve three key functions:

  1. NDAs protect sensitive information. By signing an NDA, participants promise to not divulge or release information shared with them by the other people involved. If the information is leaked, the injured person can claim breach of contract.2
  2. In the case of new product or concept development, a confidentiality agreement can help the inventor keep patent rights. In many cases, public disclosure of a new invention can void patent rights. A properly drafted NDA can help the original creator hold onto the rights to a product or idea.2
  3. Confidentiality agreements and NDAs expressly outline what information is private and what’s fair game. In many cases, the agreement serves as a document that classifies exclusive and confidential information.2

Protect yourself and your proprietary product! When in doubt hire a lawyer to review your NDA and don’t just sign any co-packer’s “standard” NDA without reviewing with a lawyer. This ensures no matter what that your product remains under your control.

In part five of this series, the author will provide the steps for taking a proprietary product out to the procurement market. Meanwhile, SafeSourcing can assist you in exploring your procurement solutions for your proprietary product on our “Risk Free” trial program for RFPs and RFQs, please contact a SafeSourcing Customer Service Representative.  We have an entire customer services team waiting to assist you today

We look forward to your comments.


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