Professional Documents
Culture Documents
v.
NDAs
In order to protect these secrets, there are several common ways
that businesses use to protect these secrets.
When filling for a patent, you're required to reveal all details about
your secret and this is made available to the public.
The trade secret
A trade secret has no time limitation and can last forever.
(1) http://www.wikinvest.com/stock/Coca-Cola_Company_(KO)/Agreement_Confidentiality_Non-competition_Non-solicitation
Jurisdiction
It's also important to specify what jurisdiction will apply to the NDA
you'll draft and send to be signed in the event of the need for court
intervention.
(2) http://www.hbs.edu/newventurecompetition/Pages/default.aspx
(b) The validity, construction and performance of this Agreement shall be governed
and construed in accordance with the laws of _____________________(state) applicable to connects
made and to be wholly performed within such state, without giving effect to any conflict of laws
provisions thereof. The Federal and state courts located in _____________(state) shall have sole and
exclusive jurisdiction over any disputes arising under, or in any way connected with or related to, the
terms of this Agreement and Receiving Part, (i) consents to personal jurisdiction therein; and (ii) waives
the right to raise forum non convenlonss or any similar objection.
Termination of relationship
You should also specify what you wish the other party to do with
any confidential information when your contractual relationship
ends or they leave your business.
You could require that the other party returns all originals and
copies of the information back to you or destroy them within a
certain period of time and retain no other records or copies.
NDAs with Non-Compete,
Non-Solicitation
A non-compete agreement is a contract that prevents the other party
from later on competing with you for a specific period of time and in
a certain geographic location.
(3) http://www.wikinvest.com/stock/Coca-Cola_Company_(KO)/Agreement_Confidentiality_Non-competition_Non-solicitation
Using the NDA in patents talks
A patent, and related business talks around a patent, can also be
combined with an NDA.
You only have to reveal secrets at the time of the filing of your
patent application but not while the patent is in force.