C writes asking, "I'm starting a new project. I want to enlist the help of others in the market research and product development without relinquishing ownership of what they develop. What do I need to do to achieve this?"
Dear C,
If your business (whether it is a company, sole proprietorship or a partnership) is taking the help of another person/company, you may want to ensure that once the work is done, you have the ability to use the results of their work with no restrictions. You may also want to keep the ability to use the work exclusively, and prevent them from having any right to reuse the work themselves (you may be bundling the work into something you give others or you just don't want to give your secret sauce to the competition.)
What I suggest is you have a Service Agreement with the person doing the market research/product development.
The Service Agreement should have the following
1. Some payment from you, however small, to the person or business (a contract needs "consideration") in exchange for the work.
2. An assignment (transfer) of all intellectual property in the work exclusively to you.
3. A comprehensive confidentiality clause that binds both parties to preserve the confidentiality of information exchanged under the agreement.
Your Service Agreement may specify other things, such as allowing your service provider to tell other people (for marketing purposes) about the work (s)he/the company is providing you, but these are the basics you will want in the agreement.
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