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Authorship of the idea and product?
Good day.
Before asking a question, I searched Google and found a lot of incomprehensible information, and constantly different.
I hope for your help.
The question is this:
I have an idea that is now being implemented by my friends.
We (verbally) agreed on a certain percentage of the total income.
How can I protect my idea from plagiarism and from the possibility of its appropriation by developers.
Does it make sense to register an LLC?
What contracts and with whom should be concluded?
What documents and where to submit to prove that this is my idea and that there is no such thing in the world now?
Thank you for your attention, I hope for answers!
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I'm afraid to disappoint you, but according to Russian law, an idea is not intellectual property at all, which means it cannot be subject to copyright. If this is not an abstract thought “but you can do it this way!”, But a very specific solution to a problem, dig in the direction of patent law.
1) You will only need to register an LLC to create a business with a reserve for consolidation. For starters, an individual entrepreneur with a simplified taxation system (6%) is enough.
2) If by concluding agreements you understand the conclusion of agreements in defense of yourself and your idea, then for partnership with your friends, you can each issue an IP and sign an agreement on joint activities.
3) The number of documents and, in general, the need to submit something somewhere depends on the idea. Maybe it is patentable and you can get a patent, or maybe not. In any case, in relation to the information that makes up your idea, you need to introduce a trade secret or confidentiality regime (since you are not yet an individual entrepreneur). Keep all papers with the idea in a separate folder and give access against receipt.
To the Chamber of Commerce and Industry of their region, this is their direct responsibility, they work directly with Rospatent, they will just chew on everything in a popular way and give you a list of necessary documents.
Probably the only way is to conclude an agreement (naturally notarized) between all participants, in which to clearly discuss the percentage of revenue, and what it is ... and within the framework of an LLC, individual entrepreneur or CJSC, these are just details, for example, with taxation.
you can still jointly obtain a certificate for a computer program for greater importance, but this costs more money already ...
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