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NDAs for Judges & Speakers?

  • 1.  NDAs for Judges & Speakers?

    Posted 10-12-2009 14:59
    Sorry for troubling the list again, but how do you handle the idea of preventing disclosure by the judges, mentors and speakers you have in your class from outside the university? They aren't under contract, so there is no coverage from the university's faculty handbook or IP policies. They come into your class, and are likely to hear students' ideas. If you're like me, you only bring in people you trust, but these days, with major competitions and events involving dozens of judges, there is an increasing chance of involving someone who is new to you or your program. Any thoughts about how to handle that? The legal issue is that without an NDA or some sort of agreement supporting nondisclosure, the student could lose patenting rights outside the US. For some students, that could be a non-issue, but for the students who are thinking big, something might need to be in place.

    If you have dealt with this problem, how?

    Feel free to respond to me personally or to the list as a whole.

    Thanks,
    Jerry

    --
    Jerome A. Katz
    Coleman Foundation Chair in Entrepreneurship
    John Cook School of Business, Saint Louis University
    3674 Lindell Blvd., St. Louis MO 63108 USA
    314-977-3864w; -1484f; 314-275-8721h; -7513h/f
    katzja@slu.edu, http://eweb.slu.edu
    ************************************** This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management. Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list. You can manage your subscription options, including joining or leaving the list here: http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu. Ventures HO!


  • 2.  NDAs for Judges & Speakers?

    Posted 10-13-2009 14:56

    Regarding judges and speakers, below is a paragraph that I put in the syllabus that extends to the whole class.  I also think that this is more consistent with how most entrepreneurship endeavors and communities have to work. 

     

    With the presentation of numerous business ideas and concepts in this class, the issue of intellectual property sometimes emerges.  The policy of this course is that there will be no non-disclosure agreements (NDA) for ideas presented in this class.  Also, we will not ask your colleagues, judges, reviewers, staff nor the audience to agree to or sign non-disclosure statements.  By participating in this class, you are agreeing to practice professional integrity and treat all ideas and plans presented as privileged communication and that you do not disclose or distribute information received unless permission has been granted from the appropriate people." 

     

    I'll be interested in hearing how others deal with this issue.

     

    Lowell

     

    Lowell Busenitz

    Professor, Div. of Management & Entrepreneurship

    Puterbaugh Chair in American Enterprise

    Price College of Business

    University of Oklahoma

    Norman, OK 73019-4006

     

    From: Entrepreneurship Division Listserv [mailto:ENTREP@AOMLISTS.PACE.EDU] On Behalf Of Jerome Katz
    Sent: Monday, October 12, 2009 1:59 PM
    To: ENTREP@AOMLISTS.PACE.EDU
    Subject: [ENTREP] NDAs for Judges & Speakers?

     

    Sorry for troubling the list again, but how do you handle the idea of preventing disclosure by the judges, mentors and speakers you have in your class from outside the university? They aren't under contract, so there is no coverage from the university's faculty handbook or IP policies. They come into your class, and are likely to hear students' ideas. If you're like me, you only bring in people you trust, but these days, with major competitions and events involving dozens of judges, there is an increasing chance of involving someone who is new to you or your program. Any thoughts about how to handle that? The legal issue is that without an NDA or some sort of agreement supporting nondisclosure, the student could lose patenting rights outside the US. For some students, that could be a non-issue, but for the students who are thinking big, something might need to be in place.

    If you have dealt with this problem, how?

    Feel free to respond to me personally or to the list as a whole.

    Thanks,
    Jerry

    --
    Jerome A. Katz
    Coleman Foundation Chair in Entrepreneurship
    John Cook School of Business, Saint Louis University
    3674 Lindell Blvd., St. Louis MO 63108 USA
    314-977-3864w; -1484f; 314-275-8721h; -7513h/f
    katzja@slu.edu, http://eweb.slu.edu
    ************************************** This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management. Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list. You can manage your subscription options, including joining or leaving the list here: http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu. Ventures HO!

    ************************************** This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management. Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list. You can manage your subscription options, including joining or leaving the list here: http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu. Ventures HO!


  • 3.  NDAs for Judges & Speakers?

    Posted 10-13-2009 16:41
    Amen. No serious investor ever signs an NDA at any early stage.
    John

    Busenitz, Lowell W. wrote:
    C7EFF5F21F2BB54A9A1DA9468E48A3AB01AA37874C7E@XMAIL2.sooner.net.ou.edu" type="cite">

    Regarding judges and speakers, below is a paragraph that I put in the syllabus that extends to the whole class.  I also think that this is more consistent with how most entrepreneurship endeavors and communities have to work. 

     

    With the presentation of numerous business ideas and concepts in this class, the issue of intellectual property sometimes emerges.  The policy of this course is that there will be no non-disclosure agreements (NDA) for ideas presented in this class.  Also, we will not ask your colleagues, judges, reviewers, staff nor the audience to agree to or sign non-disclosure statements.  By participating in this class, you are agreeing to practice professional integrity and treat all ideas and plans presented as privileged communication and that you do not disclose or distribute information received unless permission has been granted from the appropriate people." 

     

    I'll be interested in hearing how others deal with this issue.

     

    Lowell

     

    Lowell Busenitz

    Professor, Div. of Management & Entrepreneurship

    Puterbaugh Chair in American Enterprise

    Price College of Business

    University of Oklahoma

    Norman, OK 73019-4006

     

    From: Entrepreneurship Division Listserv [mailto:ENTREP@AOMLISTS.PACE.EDU] On Behalf Of Jerome Katz
    Sent: Monday, October 12, 2009 1:59 PM
    To: ENTREP@AOMLISTS.PACE.EDU
    Subject: [ENTREP] NDAs for Judges & Speakers?

     

    Sorry for troubling the list again, but how do you handle the idea of preventing disclosure by the judges, mentors and speakers you have in your class from outside the university? They aren't under contract, so there is no coverage from the university's faculty handbook or IP policies. They come into your class, and are likely to hear students' ideas. If you're like me, you only bring in people you trust, but these days, with major competitions and events involving dozens of judges, there is an increasing chance of involving someone who is new to you or your program. Any thoughts about how to handle that? The legal issue is that without an NDA or some sort of agreement supporting nondisclosure, the student could lose patenting rights outside the US. For some students, that could be a non-issue, but for the students who are thinking big, something might need to be in place.

    If you have dealt with this problem, how?

    Feel free to respond to me personally or to the list as a whole.

    Thanks,
    Jerry

    --
    Jerome A. Katz
    Coleman Foundation Chair in Entrepreneurship
    John Cook School of Business, Saint Louis University
    3674 Lindell Blvd., St. Louis MO 63108 USA
    314-977-3864w; -1484f; 314-275-8721h; -7513h/f
    katzja@slu.edu, http://eweb.slu.edu
    ************************************** This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management. Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list. You can manage your subscription options, including joining or leaving the list here: http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu. Ventures HO!


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    --

     

    John W. Mullins, Ph.D.

    Associate Professor of Management Practice in Marketing and Entrepreneurship, David and Elaine Potter Foundation Term Chair,

    <st1:place w:st="on"><st1:placename w:st="on">London</st1:placename> <st1:placename w:st="on">Business</st1:placename> <st1:placetype w:st="on">School</st1:placetype></st1:place>

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    <st1:city w:st="on"><st1:place w:st="on">My latest book: www.getting-to-plan-b.com </st1:place></st1:city>

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    <st1:city w:st="on"><st1:place w:st="on">London</st1:place></st1:city> experience.  World impact.

     

     

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  • 4.  NDAs for Judges & Speakers?

    Posted 10-13-2009 17:01
    Lowell's note should be adequate. No VC would "steal" an idea - but they can't sign off on such things because they may have already been pitched a similar idea - or may already have something similar in the works.
    They all have their reputations to protect, and stealing ideas would not serve them well. 
     As most of us know, the effort is not in the idea, but in the implementation.  I have, in the past, allowed students to distribute NDA's - or to offer private screenings - but it never resulted in a business development. 
    In any case, VC deals are such rare phenomenon, I really don't understand what all the fuss is about!

    Benson

    Benson Honig Ph.D.
    Teresa Cascioli Chair in Entrepreneurial Leadership; President: CCSBE
    McMaster University, Hamilton  Ontario Canada L8S4M4
    Tel: 905-525-9140 ext. 23943
    fax: 905-521-8995
    Cell: 905-518-1716
    email: bhonig@McMaster.ca



    On 13-Oct-09, at 4:41 PM, John Mullins wrote:

    Amen. No serious investor ever signs an NDA at any early stage. 
    John

    Busenitz, Lowell W. wrote:
    C7EFF5F21F2BB54A9A1DA9468E48A3AB01AA37874C7E@XMAIL2.sooner.net.ou.edu" type="cite">
    Regarding judges and speakers, below is a paragraph that I put in the syllabus that extends to the whole class.  I also think that this is more consistent with how most entrepreneurship endeavors and communities have to work. 
     

    With the presentation of numerous business ideas and concepts in this class, the issue of intellectual property sometimes emerges.  The policy of this course is that there will be no non-disclosure agreements (NDA) for ideas presented in this class.  Also, we will not ask your colleagues, judges, reviewers, staff nor the audience to agree to or sign non-disclosure statements.  By participating in this class, you are agreeing to practice professional integrity and treat all ideas and plans presented as privileged communication and that you do not disclose or distribute information received unless permission has been granted from the appropriate people." 

     
    I'll be interested in hearing how others deal with this issue.
     
    Lowell
     
    Lowell Busenitz
    Professor, Div. of Management & Entrepreneurship
    Puterbaugh Chair in American Enterprise
    Price College of Business
    University of Oklahoma
    Norman, OK 73019-4006
     
    From: Entrepreneurship Division Listserv [mailto:ENTREP@AOMLISTS.PACE.EDU] On Behalf Of Jerome Katz
    Sent: Monday, October 12, 2009 1:59 PM
    To: ENTREP@AOMLISTS.PACE.EDU
    Subject: [ENTREP] NDAs for Judges & Speakers?
     
    Sorry for troubling the list again, but how do you handle the idea of preventing disclosure by the judges, mentors and speakers you have in your class from outside the university? They aren't under contract, so there is no coverage from the university's faculty handbook or IP policies. They come into your class, and are likely to hear students' ideas. If you're like me, you only bring in people you trust, but these days, with major competitions and events involving dozens of judges, there is an increasing chance of involving someone who is new to you or your program. Any thoughts about how to handle that? The legal issue is that without an NDA or some sort of agreement supporting nondisclosure, the student could lose patenting rights outside the US. For some students, that could be a non-issue, but for the students who are thinking big, something might need to be in place. 

    If you have dealt with this problem, how?

    Feel free to respond to me personally or to the list as a whole.

    Thanks,
    Jerry

    -- 
    Jerome A. Katz
    Coleman Foundation Chair in Entrepreneurship
    John Cook School of Business, Saint Louis University
    3674 Lindell Blvd., St. Louis MO 63108 USA
    314-977-3864w; -1484f; 314-275-8721h; -7513h/f
    katzja@slu.edu, http://eweb.slu.edu
    ************************************** This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management. Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list. You can manage your subscription options, including joining or leaving the list here: http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu. Ventures HO!

    ______________________________________________________________________

    This email has been scanned by the MessageLabs Email Security System
    on behalf of the London Business School community.
    For more information please visit http://www.messagelabs.com/email
    ______________________________________________________________________
    ************************************** This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management. Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list. You can manage your subscription options, including joining or leaving the list here: http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu. Ventures HO!

    -- 
     
    John W. Mullins, Ph.D.
    Associate Professor of Management Practice in Marketing and Entrepreneurship, David and Elaine Potter Foundation Term Chair,
    <st1:place w:st="on"><st1:placename w:st="on">London</st1:placename> <st1:placename w:st="on">Business</st1:placename> <st1:placetype w:st="on">School</st1:placetype></st1:place>
    Regent's Park
    <st1:city w:st="on"><st1:place w:st="on">London</st1:place></st1:city> NW1 4SA
    <st1:country-region w:st="on"><st1:place w:st="on">United Kingdom</st1:place></st1:country-region>
     
     
    <st1:city w:st="on"><st1:place w:st="on">My latest book: www.getting-to-plan-b.com</st1:place></st1:city>
    <st1:city w:st="on"><st1:place w:st="on"> </st1:place></st1:city> 
    <st1:city w:st="on"><st1:place w:st="on">London</st1:place></st1:city> experience.  World impact.
     
     
    Via Switchboard: +44 (0)20 7000 7000, extension 8161 

     

    Direct Line: +44 (0)20 7000 8161
     
    Direct Fax: +44 (0)20 7000 8151

     

     

       
      

    ______________________________________________________________________

    This email has been scanned by the MessageLabs Email Security System
    on behalf of the London Business School community.
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    ______________________________________________________________________
    ************************************** This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management. Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list. You can manage your subscription options, including joining or leaving the list here: http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu. Ventures HO!

    ************************************** This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management. Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list. You can manage your subscription options, including joining or leaving the list here: http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu. Ventures HO!


  • 5.  NDAs for Judges & Speakers?

    Posted 10-13-2009 17:02
    Strongly concur with Professors John Mullins and Lowell Busenitz. I would only add that I explain to students that the risk of never properly building a business on a good idea because they worry about sharing the idea for feedback is far greater than the risk of someone 'taking' the idea. Further, I co-teach the MBA entrepreneurial management class with an IP attorney and she suggests to concerned students to keep a lab notebook to annotate the development of an idea over time and log the date of each entry and get a witness to co-sign to demonstrate date of invention and progress made. (I am not an attorney - but this seems to make sense to me.)

    best,
    Mark Cannice
    USF


    Mark V. Cannice, Ph.D.
    Associate Professor of Entrepreneurship
    Executive Director/Founder, USF Entrepreneurship Program
    School of Business and Professional Studies
    University of San Francisco














    --- On Tue, 10/13/09, John Mullins <jmullins@LONDON.EDU> wrote:

    > From: John Mullins <jmullins@LONDON.EDU>
    > Subject: Re: [ENTREP] NDAs for Judges & Speakers?
    > To: ENTREP@AOMLISTS.PACE.EDU
    > Date: Tuesday, October 13, 2009, 1:41 PM
    >
    >
    >
    >
    >
    >
    > Amen. No serious investor ever signs an NDA at any early
    > stage.
    >
    > John
    >
    >
    >
    > Busenitz, Lowell W. wrote:
    >
    >
    >
    >
    >
    >
    >
    >
    > Regarding
    > judges and speakers, below is a paragraph that I put in the
    > syllabus
    > that
    > extends to the whole class. I also think that this is
    > more consistent
    > with how most entrepreneurship endeavors and communities
    > have to work.
    >
    >
    >
    > With
    > the presentation of numerous
    > business ideas and concepts in this class, the issue of
    > intellectual
    > property
    > sometimes emerges. The policy of this course is that
    > there will be no
    > non-disclosure agreements (NDA) for ideas presented in this
    > class.
    > Also,
    > we will not ask your colleagues, judges, reviewers, staff
    > nor the
    > audience to
    > agree to or sign non-disclosure statements. By
    > participating in this
    > class, you are agreeing to practice professional
    > integrity and
    > treat all
    > ideas and plans presented as privileged communication and
    > that you do
    > not
    > disclose or distribute information received unless
    > permission has been
    > granted
    > from the appropriate people.”
    >
    >
    > I’ll
    > be
    > interested in hearing how others deal with this
    > issue.
    >
    >
    > Lowell
    >
    >
    > Lowell
    > Busenitz
    > Professor, Div.
    > of Management
    > & Entrepreneurship
    > Puterbaugh Chair
    > in American
    > Enterprise
    > Price
    > College of
    > Business
    > University of
    > Oklahoma
    > Norman, OK
    > 73019-4006
    >
    >
    >
    > From:
    > Entrepreneurship
    > Division Listserv [mailto:ENTREP@AOMLISTS.PACE.EDU]
    > On Behalf Of Jerome
    > Katz
    >
    > Sent: Monday, October 12, 2009 1:59 PM
    >
    > To: ENTREP@AOMLISTS.PACE.EDU
    >
    > Subject: [ENTREP] NDAs for Judges &
    > Speakers?
    >
    >
    > Sorry for troubling the list again,
    > but how do
    > you handle
    > the idea of preventing disclosure by the judges, mentors
    > and speakers
    > you have
    > in your class from outside the university? They aren't
    > under contract,
    > so there
    > is no coverage from the university's faculty handbook
    > or IP policies.
    > They come
    > into your class, and are likely to hear students'
    > ideas. If you're like
    > me, you
    > only bring in people you trust, but these days, with major
    > competitions
    > and
    > events involving dozens of judges, there is an increasing
    > chance of
    > involving
    > someone who is new to you or your program. Any thoughts
    > about how to
    > handle
    > that? The legal issue is that without an NDA or some sort
    > of agreement
    > supporting nondisclosure, the student could lose patenting
    > rights
    > outside the
    > US. For some students, that could be a non-issue, but for
    > the students
    > who are
    > thinking big, something might need to be in place.
    >
    >
    >
    > If you have dealt with this problem, how?
    >
    >
    >
    > Feel free to respond to me personally or to the list as a
    > whole.
    >
    >
    >
    > Thanks,
    >
    > Jerry
    >
    >
    >
    > --
    >
    > Jerome A. Katz
    >
    > Coleman Foundation Chair in Entrepreneurship
    >
    > John Cook School of Business, Saint Louis University
    >
    > 3674 Lindell Blvd., St. Louis MO 63108 USA
    >
    > 314-977-3864w; -1484f; 314-275-8721h; -7513h/f
    >
    > katzja@slu.edu,
    > http://eweb.slu.edu
    >
    > ************************************** This message is from
    > ENTREP
    > which is
    > sponsored by the Entrepreneurship Division of the Academy
    > of
    > Management. Please
    > do not post messages with attached files. Commercial
    > messages or
    > spammed
    > messages are not allowed on the list. The use of
    > auto-responder
    > "out-of-office" messages may also lead to your
    > removal from the list.
    > You can manage your subscription options, including joining
    > or leaving
    > the list
    > here: http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1
    > If
    > you have
    > questions or need help, please contact Dr. John Bunch
    > jbunch@benedictine.edu.
    > Ventures HO!
    >
    >
    >
    > ______________________________________________________________________
    >
    >
    >
    > This email has been scanned by the MessageLabs Email
    > Security System
    >
    > on behalf of the London Business School community.
    >
    > For more information please visit http://www.messagelabs.com/email
    >
    > ______________________________________________________________________
    >
    > **************************************
    > This message is from ENTREP which is sponsored by the
    > Entrepreneurship
    > Division of the Academy of Management.
    > Please do not post messages with attached files. Commercial
    > messages or
    > spammed messages are not allowed on the list. The use of
    > auto-responder
    > "out-of-office" messages may also lead to your
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    > the list here:
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    > If you have questions or need help, please contact Dr. John
    > Bunch
    > jbunch@benedictine.edu.
    > Ventures HO!
    >
    >
    >
    > --
    >
    > lbs2 Signature
    >
    >
    >
    >
    >
    >
    >
    >
    >
    > John W.
    > Mullins, Ph.D.
    > Associate
    > Professor of
    > Management Practice in Marketing and
    > Entrepreneurship, David
    > and Elaine Potter Foundation Term Chair,
    >
    > London
    > Business School
    > Regent's
    > Park
    >
    > London NW1 4SA
    >
    >
    > United
    > Kingdom
    >
    >
    > www.london.edu
    >
    >
    > My latest book:
    > www.getting-to-plan-b.com
    >
    >
    >
    >
    >
    > London
    > experience. World
    > impact.
    >
    >
    >
    >
    >
    >
    > Via
    > Switchboard: +44
    > (0)20 7000 7000, extension 8161
    >
    > Direct Line:
    > +44
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  • 6.  NDAs for Judges & Speakers?

    Posted 10-13-2009 17:24
    The approach outlined by Lowell is very similar to that adopted in programs I have run: indeed, in my experience judges and others from outside the class have seen a requirement to sign an NDA at such an early stage as a credibility-limiting factor.

    Richard

    Professor Richard T Harrison
    Director
    Queen's University Management School
    Queen's University Belfast
    25 University Square
    Belfast BT7 1NN
    Northern Ireland, UK

    T: 028 9097 3621
    F: 028 9097 5156
    E: r.harrison@qub.ac.uk

    International
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    URL: http://www.qub.ac.uk/mgt/


    ________________________________________
    From: Entrepreneurship Division Listserv [ENTREP@aomlists.pace.edu] On Behalf Of Busenitz, Lowell W. [busenitz@ou.edu]
    Sent: 13 October 2009 19:55
    To: ENTREP@aomlists.pace.edu
    Subject: Re: [ENTREP] NDAs for Judges & Speakers?

    Regarding judges and speakers, below is a paragraph that I put in the syllabus that extends to the whole class. I also think that this is more consistent with how most entrepreneurship endeavors and communities have to work.

    With the presentation of numerous business ideas and concepts in this class, the issue of intellectual property sometimes emerges. The policy of this course is that there will be no non-disclosure agreements (NDA) for ideas presented in this class. Also, we will not ask your colleagues, judges, reviewers, staff nor the audience to agree to or sign non-disclosure statements. By participating in this class, you are agreeing to practice professional integrity and treat all ideas and plans presented as privileged communication and that you do not disclose or distribute information received unless permission has been granted from the appropriate people.”

    I’ll be interested in hearing how others deal with this issue.

    Lowell

    Lowell Busenitz
    Professor, Div. of Management & Entrepreneurship
    Puterbaugh Chair in American Enterprise
    Price College of Business
    University of Oklahoma
    Norman, OK 73019-4006

    From: Entrepreneurship Division Listserv [mailto:ENTREP@AOMLISTS.PACE.EDU] On Behalf Of Jerome Katz
    Sent: Monday, October 12, 2009 1:59 PM
    To: ENTREP@AOMLISTS.PACE.EDU
    Subject: [ENTREP] NDAs for Judges & Speakers?

    Sorry for troubling the list again, but how do you handle the idea of preventing disclosure by the judges, mentors and speakers you have in your class from outside the university? They aren't under contract, so there is no coverage from the university's faculty handbook or IP policies. They come into your class, and are likely to hear students' ideas. If you're like me, you only bring in people you trust, but these days, with major competitions and events involving dozens of judges, there is an increasing chance of involving someone who is new to you or your program. Any thoughts about how to handle that? The legal issue is that without an NDA or some sort of agreement supporting nondisclosure, the student could lose patenting rights outside the US. For some students, that could be a non-issue, but for the students who are thinking big, something might need to be in place.

    If you have dealt with this problem, how?

    Feel free to respond to me personally or to the list as a whole.

    Thanks,
    Jerry

    --
    Jerome A. Katz
    Coleman Foundation Chair in Entrepreneurship
    John Cook School of Business, Saint Louis University
    3674 Lindell Blvd., St. Louis MO 63108 USA
    314-977-3864w; -1484f; 314-275-8721h; -7513h/f
    katzja@slu.edu<mailto:katzja@slu.edu>, http://eweb.slu.edu
    ************************************** This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management. Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list. You can manage your subscription options, including joining or leaving the list here: http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu. Ventures HO!
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  • 7.  NDAs for Judges & Speakers?

    Posted 10-13-2009 18:17

    Agreed, as angel investor of a large angel group (over 250 angels), we never sign an NDA.

     

    Kind Regards,
    <st1:personname w:st="on">Richard Sudek</st1:personname>

    From: Entrepreneurship Division Listserv [mailto:ENTREP@AOMLISTS.PACE.EDU] On Behalf Of John Mullins
    Sent: Tuesday, October 13, 2009 1:41 PM
    To: ENTREP@AOMLISTS.PACE.EDU
    Subject: Re: [ENTREP] NDAs for Judges & Speakers?

     

    Amen. No serious investor ever signs an NDA at any early stage.
    John

    Busenitz, Lowell W. wrote:

    Regarding judges and speakers, below is a paragraph that I put in the syllabus that extends to the whole class.  I also think that this is more consistent with how most entrepreneurship endeavors and communities have to work.  <u5:p></u5:p>

    <u5:p> </u5:p>

    With the presentation of numerous business ideas and concepts in this class, the issue of intellectual property sometimes emerges.  The policy of this course is that there will be no non-disclosure agreements (NDA) for ideas presented in this class.  Also, we will not ask your colleagues, judges, reviewers, staff nor the audience to agree to or sign non-disclosure statements.  By participating in this class, you are agreeing to practice professional integrity and treat all ideas and plans presented as privileged communication and that you do not disclose or distribute information received unless permission has been granted from the appropriate people." 

    <u5:p></u5:p>

    <u5:p> </u5:p>

    I'll be interested in hearing how others deal with this issue.<u5:p></u5:p>

    <u5:p> </u5:p>

    <st1:city w:st="on"><st1:place w:st="on">Lowell<u5:p></u5:p></st1:place></st1:city>

    <u5:p> </u5:p>

    <st1:city w:st="on"><st1:place w:st="on">Lowell</st1:place></st1:city> Busenitz<u5:p></u5:p>

    Professor, Div. of Management & Entrepreneurship<u5:p></u5:p>

    Puterbaugh Chair in American <st1:city w:st="on"><st1:place w:st="on">Enterprise<u5:p></u5:p></st1:place></st1:city>

    <st1:place w:st="on"><st1:placename w:st="on">Price</st1:placename> <st1:placetype w:st="on">College</st1:placetype></st1:place> of Business<u5:p></u5:p>

    <st1:place w:st="on"><st1:placetype w:st="on">University</st1:placetype> of <st1:placename w:st="on">Oklahoma<u5:p></u5:p></st1:placename></st1:place>

    <st1:place w:st="on"><st1:city w:st="on">Norman</st1:city>, <st1:state w:st="on">OK</st1:state> <st1:postalcode w:st="on">73019-4006<u5:p></u5:p></st1:postalcode></st1:place>

    <u5:p> </u5:p>

    From: Entrepreneurship Division Listserv [mailto:ENTREP@AOMLISTS.PACE.EDU] On Behalf Of Jerome Katz
    Sent: Monday, October 12, 2009 1:59 PM
    To: ENTREP@AOMLISTS.PACE.EDU
    Subject: [ENTREP] NDAs for Judges & Speakers?<u5:p></u5:p>

    <u5:p> </u5:p>

    Sorry for troubling the list again, but how do you handle the idea of preventing disclosure by the judges, mentors and speakers you have in your class from outside the university? They aren't under contract, so there is no coverage from the university's faculty handbook or IP policies. They come into your class, and are likely to hear students' ideas. If you're like me, you only bring in people you trust, but these days, with major competitions and events involving dozens of judges, there is an increasing chance of involving someone who is new to you or your program. Any thoughts about how to handle that? The legal issue is that without an NDA or some sort of agreement supporting nondisclosure, the student could lose patenting rights outside the <st1:country-region w:st="on"><st1:place w:st="on">US</st1:place></st1:country-region>. For some students, that could be a non-issue, but for the students who are thinking big, something might need to be in place.

    If you have dealt with this problem, how?

    Feel free to respond to me personally or to the list as a whole.

    Thanks,
    Jerry

    --
    Jerome A. Katz
    Coleman Foundation Chair in Entrepreneurship
    <st1:placename w:st="on">John</st1:placename> <st1:placename w:st="on">Cook</st1:placename> <st1:placetype w:st="on">School</st1:placetype> of Business, <st1:place w:st="on"><st1:placename w:st="on">Saint Louis</st1:placename> <st1:placetype w:st="on">University</st1:placetype></st1:place>
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    314-977-3864w; -1484f; 314-275-8721h; -7513h/f
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    ************************************** This message is from ENTREP which is sponsored by the Entrepreneurship Division of the <st1:place w:st="on"><st1:placetype w:st="on">Academy</st1:placetype> of <st1:placename w:st="on">Management</st1:placename></st1:place>. Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list. You can manage your subscription options, including joining or leaving the list here: http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu. Ventures HO!     <u5:p></u5:p>


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    Associate Professor of Management Practice in Marketing and Entrepreneurship, David and Elaine Potter Foundation Term Chair,

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  • 8.  NDAs for Judges & Speakers?

    Posted 10-13-2009 18:38
    John

    I agree that investors don't sign NDAs, but the reason is that they
    see many opportunities that are similar and do not want to be
    constrained in their investment decisions. In addition, they have
    reputations to manage, and are unlikely to behave inappropriately,
    both because they have to maintain their reputation, and because they
    are investors - not entrepreneurs (i.e. their interest is investing
    not starting companies).

    In the classroom environment, students are rightly concerned about
    their ideas being stolen by other students. This is a legitimate
    concern. Even more importantly, I bring real entrepreneurs into my
    classes, to work with student groups over a 13 week period. Much of
    this information is confidential. Judges also see this information,
    hence NDAs are appropriate in the classroom environment and especially
    important for entrepreneurs sharing their ideas with others at an
    early stage.

    While NDAs don't work with investors, at an earlier stage, the
    inappropriate disclosure of information can cause problems in patent
    applications. While I generally suggest that disclosures should be
    couched to avoid such problems, the student learning process can
    encourage such disclosures, often within a group context.

    Andrew Maxwell

    > Amen. No serious investor ever signs an NDA at any early stage.
    > John
    >
    > Busenitz, Lowell W. wrote:
    >>
    >> Regarding judges and speakers, below is a paragraph that I put in
    >> the syllabus that extends to the whole class. I also think that
    >> this is more consistent with how most entrepreneurship endeavors
    >> and communities have to work. /With the presentation of numerous
    >> business ideas and concepts in this class, the issue of
    >> intellectual property sometimes emerges. The policy of this course
    >> is that there will be no non-disclosure agreements (NDA) for ideas
    >> presented in this class. Also, we will not ask your colleagues,
    >> judges, reviewers, staff nor the audience to agree to or sign
    >> non-disclosure statements. By participating in this class, you are
    >> agreeing to practice _professional integrity_ and treat all ideas
    >> and plans presented as privileged communication and that you do not
    >> disclose or distribute information received unless permission has
    >> been granted from the appropriate people." ///
    >>
    >> I'll be interested in hearing how others deal with this issue.
    >>
    >> Lowell
    >>
    >> Lowell Busenitz
    >>
    >> Professor, Div. of Management & Entrepreneurship
    >>
    >> Puterbaugh Chair in American Enterprise
    >>
    >> Price College of Business
    >>
    >> University of Oklahoma
    >>
    >> Norman, OK 73019-4006
    >>
    >> *From:* Entrepreneurship Division Listserv
    >> [mailto:ENTREP@AOMLISTS.PACE.EDU] *On Behalf Of *Jerome Katz
    >> *Sent:* Monday, October 12, 2009 1:59 PM
    >> *To:* ENTREP@AOMLISTS.PACE.EDU
    >> *Subject:* [ENTREP] NDAs for Judges & Speakers?
    >>
    >> Sorry for troubling the list again, but how do you handle the idea
    >> of preventing disclosure by the judges, mentors and speakers you
    >> have in your class from outside the university? They aren't under
    >> contract, so there is no coverage from the university's faculty
    >> handbook or IP policies. They come into your class, and are likely
    >> to hear students' ideas. If you're like me, you only bring in
    >> people you trust, but these days, with major competitions and
    >> events involving dozens of judges, there is an increasing chance of
    >> involving someone who is new to you or your program. Any thoughts
    >> about how to handle that? The legal issue is that without an NDA or
    >> some sort of agreement supporting nondisclosure, the student could
    >> lose patenting rights outside the US. For some students, that could
    >> be a non-issue, but for the students who are thinking big,
    >> something might need to be in place.
    >>
    >> If you have dealt with this problem, how?
    >>
    >> Feel free to respond to me personally or to the list as a whole.
    >>
    >> Thanks,
    >> Jerry
    >>
    >> --
    >> Jerome A. Katz
    >> Coleman Foundation Chair in Entrepreneurship
    >> John Cook School of Business, Saint Louis University
    >> 3674 Lindell Blvd., St. Louis MO 63108 USA
    >> 314-977-3864w; -1484f; 314-275-8721h; -7513h/f
    >> katzja@slu.edu <mailto:katzja@slu.edu>, http://eweb.slu.edu
    >> ************************************** This message is from ENTREP
    >> which is sponsored by the Entrepreneurship Division of the Academy
    >> of Management. Please do not post messages with attached files.
    >> Commercial messages or spammed messages are not allowed on the
    >> list. The use of auto-responder "out-of-office" messages may also
    >> lead to your removal from the list. You can manage your
    >> subscription options, including joining or leaving the list here:
    >> http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you
    >> have questions or need help, please contact Dr. John Bunch
    >> jbunch@benedictine.edu. Ventures HO!
    >>
    >>
    >> ______________________________________________________________________
    >>
    >> This email has been scanned by the MessageLabs Email Security System
    >> on behalf of the London Business School community.
    >> For more information please visit http://www.messagelabs.com/email
    >> ______________________________________________________________________
    >> ************************************** This message is from ENTREP
    >> which is sponsored by the Entrepreneurship Division of the Academy
    >> of Management. Please do not post messages with attached files.
    >> Commercial messages or spammed messages are not allowed on the
    >> list. The use of auto-responder "out-of-office" messages may also
    >> lead to your removal from the list. You can manage your
    >> subscription options, including joining or leaving the list here:
    >> http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1 If you
    >> have questions or need help, please contact Dr. John Bunch
    >> jbunch@benedictine.edu. Ventures HO!
    >
    > --
    >
    >
    >
    > John W. Mullins, Ph.D.
    >
    > Associate Professor of Management Practice in Marketing and
    > Entrepreneurship, David and Elaine Potter Foundation Term Chair,
    >
    > London Business School
    >
    > Regent's Park
    >
    > London NW1 4SA
    >
    > United Kingdom
    >
    >
    >
    > www.london.edu <blocked::http://www.london.edu/>
    >
    >
    >
    > My latest book: www.getting-to-plan-b.com <http://www.getting-to-plan-b.com>
    >
    >
    >
    > London experience. World impact.
    >
    >
    >
    >
    >
    >
    >
    > Via Switchboard: +44 (0)20 7000 7000, extension 8161 Direct Line:
    > +44 (0)20 7000 8161
    >
    >
    >
    > Direct Fax: +44 (0)20 7000 8151
    >
    >
    >
    > Email: jmullins@london.edu <mailto:jmullins@london.edu> Web:
    > http://faculty.london.edu/jmullins
    >
    > ______________________________________________________________________
    >
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    > **************************************
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    > Entrepreneurship Division of the Academy of Management.
    >
    > Please do not post messages with attached files. Commercial messages
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    >
    > Ventures HO!

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    Ventures HO!


  • 9.  NDAs for Judges & Speakers?

    Posted 10-14-2009 06:14
    I follow up to my original email on the subject with a link to the
    sites where I have uploaded the confidentiality agreements for
    students and judges (apparently are listserv can not handle
    attachments.

    Attached are two NDAs, one for the students and one for judges. It is
    important they have specific points of reference (i.e. the class on
    Dec 12th) and the course, otherwise they are not relevant.

    Please feel free to use them.

    I add one other observation, I believe in sharing ideas (hence the
    NDA's) but have too much experience of greed making this challenging,
    to the point where potential ventures have not started because of
    inappropriate disclosure. The point of such agreements is to
    encourage students and others to share their ideas, without fear that
    they will be stolen.

    For example, I have an issue from last term where a student group
    developed a business based on an innovation of one of their members,
    who subsequently formed a company and quit school. The company is now
    getting Angel finance, and relying on the agreement I put in place
    with the group when it was formed, that assigned all IP back to the
    original inventor.

    Andrew Maxwell


    For students:

    http://www.archive.org/details/ConfidentialityAgreement

    For judges:

    http://www.archive.org/details/ConfidentialityAgreementForOthers

    **************************************
    This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management.

    Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list.

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    If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu.

    Ventures HO!


  • 10.  NDAs for Judges & Speakers?

    Posted 10-14-2009 14:04
    Interesting - but does your school also assume liability for these
    agreements if there are any problems with the agreements.

    -----Original Message-----
    From: Entrepreneurship Division Listserv
    [mailto:ENTREP@AOMLISTS.PACE.EDU] On Behalf Of Andrew Maxwell
    Sent: Wednesday, October 14, 2009 6:14 AM
    To: ENTREP@AOMLISTS.PACE.EDU
    Subject: Re: [ENTREP] NDAs for Judges & Speakers?

    I follow up to my original email on the subject with a link to the
    sites where I have uploaded the confidentiality agreements for
    students and judges (apparently are listserv can not handle
    attachments.

    Attached are two NDAs, one for the students and one for judges. It is
    important they have specific points of reference (i.e. the class on
    Dec 12th) and the course, otherwise they are not relevant.

    Please feel free to use them.

    I add one other observation, I believe in sharing ideas (hence the
    NDA's) but have too much experience of greed making this challenging,
    to the point where potential ventures have not started because of
    inappropriate disclosure. The point of such agreements is to
    encourage students and others to share their ideas, without fear that
    they will be stolen.

    For example, I have an issue from last term where a student group
    developed a business based on an innovation of one of their members,
    who subsequently formed a company and quit school. The company is now
    getting Angel finance, and relying on the agreement I put in place
    with the group when it was formed, that assigned all IP back to the
    original inventor.

    Andrew Maxwell


    For students:

    http://www.archive.org/details/ConfidentialityAgreement

    For judges:

    http://www.archive.org/details/ConfidentialityAgreementForOthers

    **************************************
    This message is from ENTREP which is sponsored by the Entrepreneurship
    Division of the Academy of Management.

    Please do not post messages with attached files. Commercial messages or
    spammed messages are not allowed on the list. The use of auto-responder
    "out-of-office" messages may also lead to your removal from the list.

    You can manage your subscription options, including joining or leaving
    the list here:
    http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1

    If you have questions or need help, please contact Dr. John Bunch
    jbunch@benedictine.edu.

    Ventures HO!

    **************************************
    This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management.

    Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list.

    You can manage your subscription options, including joining or leaving the list here:
    http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1

    If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu.

    Ventures HO!


  • 11.  NDAs for Judges & Speakers?

    Posted 10-15-2009 07:10
    The issue is one of best endeavors, if a problem arises (which it has)
    the document (prepared by a lawyer who teaches one lecture in the
    class) and our involvement can help resolve issues (which we have).
    As we are not involved in betraying confidences we do not have a
    direct liability.

    In contrast, with no agreement in place, the university can be held to
    be negligent, as we would not have forewarned participants of the
    risks of disclosure (inherent in asking them to sign the document) and
    the responsibilities (stated in simple and understandable terms). The
    absence of any document, can cause problems for the school as it does
    not show we have acted responsibly.

    Quoting Luke Weinstein <Luke.Weinstein@business.uconn.edu>:

    > Interesting - but does your school also assume liability for these
    > agreements if there are any problems with the agreements.
    >
    > -----Original Message-----
    > From: Entrepreneurship Division Listserv
    > [mailto:ENTREP@AOMLISTS.PACE.EDU] On Behalf Of Andrew Maxwell
    > Sent: Wednesday, October 14, 2009 6:14 AM
    > To: ENTREP@AOMLISTS.PACE.EDU
    > Subject: Re: [ENTREP] NDAs for Judges & Speakers?
    >
    > I follow up to my original email on the subject with a link to the
    > sites where I have uploaded the confidentiality agreements for
    > students and judges (apparently are listserv can not handle
    > attachments.
    >
    > Attached are two NDAs, one for the students and one for judges. It is
    > important they have specific points of reference (i.e. the class on
    > Dec 12th) and the course, otherwise they are not relevant.
    >
    > Please feel free to use them.
    >
    > I add one other observation, I believe in sharing ideas (hence the
    > NDA's) but have too much experience of greed making this challenging,
    > to the point where potential ventures have not started because of
    > inappropriate disclosure. The point of such agreements is to
    > encourage students and others to share their ideas, without fear that
    > they will be stolen.
    >
    > For example, I have an issue from last term where a student group
    > developed a business based on an innovation of one of their members,
    > who subsequently formed a company and quit school. The company is now
    > getting Angel finance, and relying on the agreement I put in place
    > with the group when it was formed, that assigned all IP back to the
    > original inventor.
    >
    > Andrew Maxwell
    >
    >
    > For students:
    >
    > http://www.archive.org/details/ConfidentialityAgreement
    >
    > For judges:
    >
    > http://www.archive.org/details/ConfidentialityAgreementForOthers
    >
    > **************************************
    > This message is from ENTREP which is sponsored by the Entrepreneurship
    > Division of the Academy of Management.
    >
    > Please do not post messages with attached files. Commercial messages or
    > spammed messages are not allowed on the list. The use of auto-responder
    > "out-of-office" messages may also lead to your removal from the list.
    >
    > You can manage your subscription options, including joining or leaving
    > the list here:
    > http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1
    >
    > If you have questions or need help, please contact Dr. John Bunch
    > jbunch@benedictine.edu.
    >
    > Ventures HO!
    >

    **************************************
    This message is from ENTREP which is sponsored by the Entrepreneurship Division of the Academy of Management.

    Please do not post messages with attached files. Commercial messages or spammed messages are not allowed on the list. The use of auto-responder "out-of-office" messages may also lead to your removal from the list.

    You can manage your subscription options, including joining or leaving the list here:
    http://aomlists.pace.edu/scripts/wa.exe?SUBED1=entrep&A=1

    If you have questions or need help, please contact Dr. John Bunch jbunch@benedictine.edu.

    Ventures HO!