A successful business model generating value for its creator, company and even to its economic sector, must be protected and maintained under the ownership of the creator or company, either for their own development or for purposes of being trade for his/her advantage.
For its protection we may use the following contractual and legal instruments:
1. Non-compete agreement: between employees or other related parties. Under this instrument such persons would agree not to directly or indirectly use the business model. As long as the agreement does not cause restrictive trade practices, and if applicable it must follows the special limitations that may apply in some regulated sectors.
2. Confidentiality Agreement: between employees or related parties. They would be compelled not to divulge any information considered and/or treated as confidential.
3. Employment Agreement: for employees of the company. It would establish when creations of the employees belong to the company, while also including terms concerning “no competition” and “confidentiality”.
4. Services Agreement: those who are not employees of the company, but receive their services or grant them in an independent, casual or temporary basis. According to this the parties would agree not to use the information outside the stated purposes, also not appropriate or declare or claim ownership of it. Also, must include the terms “non-completion” and “confidentiality”.
1. Trade secret: information treated as secret, not easily accessible or public, corresponding to commercial undisclosed information that can be used in a productive, industrial or commercial activity and can be transferred to a third party. The Dominican Industrial Property Law No. 20-00 protects against the use, disclosure or unauthorized acquisition.
2. Copyright: Under the Dominican Copyright Law No. 20-00 the protection covers every original expression of the business model, without including the idea itself. For example, proposals, presentations, manuals, documents, brochures, among others.
3. Distinctive signs: those words or symbols or drawings that distinctively identifies the business model. For their exclusive use, these signs must be registered pursuant to Law No. 20-00, whether as a trademark, business name, slogan or any other.