I am a management consultant. When I submit my
technical and financial proposal to potential clients, I
am almost certain that some clients use my proposal to
bargain with other service suppliers or use my technical
proposal to upgrade the other bidders’ proposal. How
best can I protect my proposals?
Legal and Financial Consultant
It is quite difficult to totally protect your technical proposal especially unless you are proposing a unique service that can be patented which will therefore give you the exclusive right, as the patentee, to prevent others from making, using, selling, or distributing the patented invention without your permission. Otherwise, you can make your potential customers sign a Non-Disclosure Agreement, which is defined as a legal contract in which the recipient agrees not to divulge this information to anyone else. It is simply a contract through which the parties agree not to disclose information covered by the agreement especially the recipient.
A Non-Disclosure Agreement should create a confidential relationship between you and your potential client to protect whichever technical proposal you have submitted to them. However, the Non-Disclosure Agreement will not be valid if your potential client had prior knowledge of the information; the recipient gained subsequent knowledge of the materials from another source; the materials are generally available to the public etc.