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Will a NDA work?
inventorbrian1's Avatar
Brian Campbell

A toy company is interested in my toy idea but I need a working prototype. I’ve found a company in China that is interested in building it. But will a NDA protect me from a foreign company? Would you recommend a company in the US?

posted May 19, 2011 08:26 (
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inventorbrian1's Avatar
Brian Campbell

Thanks Scooter! I appreciate it man.

posted May 21, 2011 04:59 (
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scooternauman's Avatargold
john"Scooter" nauman
49,000
Insider Points

I wish you much success Brian and I hope you figure out how to keep it here in the states. As far as EN turning it down, you’ve got to remeber… They work deals with sponsors that are looking for “specific” things. The sponsor dictates what they want not EN. You might have the best toy idea out there but if it’s not in line with what the sponsor is looking for, your outa luck. That’s not EN’s fault. Keep pushin’ forward man. You’ll get there!

posted May 20, 2011 19:05 (
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inventorbrian1's Avatar
Brian Campbell

I appreciate the info guys! I think it’s best that I keep it in the US. The toy company is too big of a company for me to mess things up. They are very interested in seeing a functional prototype and I can not believe EN turned it down.

posted May 20, 2011 17:21 (
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gizmo's Avatar
Gizmo G

Read the info below then you decide if the NDA will protect you in China !

$450 billion. Estimated size of the counterfeit goods market. “Protecting intellectual property has been a hot topic over the past few years. Sources estimate that the counterfeit goods market is a $450 billion, global business.” (Liza Casabona, “Fighting Knockoffs By Protecting A Brand,” WWD Women’s Wear Daily, February 1, 2006)

$20 billion. Estimated amount spent annually on counterfeit and unlicensed products. “An estimated $20 billion is spent annually on counterfeit and unlicensed products of all kinds – ranging from costly aviation parts to inflatable Minnie Mouse dolls.” (Donna Leccese, “Knockoffs rear their ugly heads,” Playthings, July 1, 1992)

$1.5 billion. Value of business software pirated in China. “In China, U.S. industry estimates that 90 percent of business software, valued at $1.5 billion, is pirated. Worldwide, industry estimates that approximately 40 percent of software programs are pirated.” (Jon Dudas, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office Testimony before the Committee on Judiciary, United States Senate “Counterfeiting and Theft of Intellectual Property”, March 23, 2004)


Products are counterfeited in only weeks or months after they are released. “It’s hard to get patents granted everywhere in the world quickly enough because the pace of copying is so fast. We have counterfeit products in weeks or months after some products are released,” (Jonathan Paul Meyer, senior vice president for IP law at Motorola quoted by Sue Marek, “Healing the Patent Process”, Wireless Week, August, 15, 2005)

Do you need help protecting your intellectual property? Discover more detailed information about patent help at Patent-Help-for-Inventors.org. Learn more about the knock off crime wave, how to defend against knockoffs and how to respond to knockoffs.


$500,000. “You can get a settlement [with a knock-off company] for about a half-million. About 70% to 90% of these companies will settle with you, but you have to have the money to pursue them, and they know it. They figure most inventors don’t have the money for a long legal battle." (Jerry Mills, intellectual property attorney at Baker & Botts L.L.P quoted in Rusty Cawley, “Patent Protection,” Dallas Business Journal, June 12, 1998)

$50,000 per week. Estimated amount knockoff companies can make per week selling unlicensed merchandise. “A counterfeiter who has not paid any royalty reportedly can earn up to $50,000 a week selling phony merchandise.” (Donna Leccese, “Knockoffs rear their ugly heads,” Playthings, July 1, 1992)


90% of business software is pirated in China. “In China, U.S. industry estimates that 90 percent of business software, valued at $1.5 billion, is pirated. Worldwide, industry estimates that approximately 40 percent of software programs are pirated.” (Jon Dudas, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office Testimony before the Committee on Judiciary, United States Senate “Counterfeiting and Theft of Intellectual Property”, March 23, 2004)

40% of commercial software programs are pirated. “Globally, four out of 10 software programs – or 40 percent – are pirated. Reducing that rate 10 points to 30 percent could add 1.5 million jobs, increase economic growth by $400 billion and generate $64 billion in new taxes to help governments fund public programs like education, health care and law enforcement, the IDC study shows.” (Business Software Alliance, “New Economic Impact Study Details Benefits of Strong Copyright Protection,” Washington, D.C., April 2, 2003)

posted May 20, 2011 04:14 (
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booradley1's Avatar
Brad Stradling

Empiregroupusa.com was one of the companies, the other is in China, protoschina.com

Good luck!

posted May 19, 2011 19:17 (
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booradley1's Avatar
Brad Stradling

No, an NDA won’t protect you in China. I may be able to find a company in my Toy Fair stash of materials, there were a couple prototyping companies there.

posted May 19, 2011 09:38 (
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