Keeping secrets

It could be said that it’s part of human nature to rally one’s friends to celebrate and broadcast achievements or breakthroughs. There’s nothing better than shouting ‘Eureka!’ and letting the world know. But the creative entrepreneur must seriously curb this behaviour early and quickly, and there are two different reasons why.

First and most obvious is that a good idea to you is probably a good idea to others too. The risk of plagiarism and counterfeit are real and costly. Not only could someone steal your idea through premature knowledge, but reckless actions taken by them may also prevent you protecting your idea formally at all. Take a serious and permanent policy decision early on as to how you divulge sensitive information.

One method is confidentiality agreements, and there are many proforma examples on the internet and in the IP and Contracts section of this site. The problem with a lot of proforma examples is that they tend to be written for venture capital purposes and very legally detailed. On first meeting with a supplier, no one is going to read three pages of legal threats then sign willingly. For early stage conversations this is overkill.

Remember in most simple fact finding encounters confidentiality is relative to that being discussed, not the entire business concept. Anything over six lines would be considered a big document. A simple letter claiming that the signatory will maintain confidentiality over [the subject of discussion], dated and signed, is all that’s needed. It’s largely symbolic and difficult to stand the test of law but it sends a strong message, formalising and recording the discussion and confirming your seriousness about IP. Keep these documents on file in a safe place. Once the stakes get higher you can always consult your IP lawyer for an appropriate form.

Some people act very defensively in response to confidentiality agreements, assuming some accusation is being made – don’t worry about this, explain it’s standard procedure and be confident about why you are doing it (try not to get too righteous). Remain firm and your increasing confidence will allay any recipient’s defensiveness.

The second reason you must learn to keep secrets is one of self preservation and protection. You are about to embark on a journey that will cut you loose from the safety of employment and institution. You’ll be flying solo for who knows how long, through thick and thin, good and bad.

There may be times when you get totally lost in your own confusion, yet still reliant on initiative and self motivation. These are extraordinary tasks of stamina and endurance for the average person. Most people are happy to drift for a while when it’s ‘all too hard’ but you can’t afford a moment of this, you’ll be swallowed up if you ease off. Discipline and gentle but persistent pressure are the hallmarks of the creative entrepreneur.

Don’t ever give anyone the chance to diminish your power through criticism. If you really trust someone, know they are ‘big’ or ‘close’ enough that your best interests prevail then fine, discuss your ideas and plans. But even then, human nature is a strange thing and you may be surprised how petty or superficial jealousies, family hierarchies, professional rivalry and the like can sometimes manifest in strange negative ways even by close allies and loved ones.

So be careful to avoid causes of self doubt, protect your own positivity and resolve at all costs. You’ll need an endless supply of it.

Stefan Kahn is a designer and creative entrepreneur based in Sydney and the founder and director of Compact Desk. Beginning his career in graphics he has designed for theatre, furniture, interiors, products, architectural and environmental graphics. He has been a planner and manager on large scale projects from Sydney Olympics to the Malaysian capital’s signage system. His work has been acquired by permanent design collections in Australia and has been exhibited many times in Japan, Korea and USA. He has developed new materials and process innovations and holds intellectual property internationally. He has built three creative-lead enterprises in areas of consultancy, furniture and product design. His current enterprise makes 65 products in Australia, and exports 90% to around 80 retailers in USA, Canada, Japan, Spain and New Zealand.

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