Confidentiality Agreements

Confidentiality agreements are vital when pitching or entering into discussions with other businesses and sharing confidential information. The protection of business ideas and innovations are paramount given that they are often the most important commercial asset of any business. It can be as important, if not more important, than formal intellectual property rights and for some rights such as patents it is a pre-requisite for protection. In order to safeguard your confidential information and know-how, it should be kept secret from competitors.

Provided your information is kept secret and out of the public domain, it is considered confidential information. Some typical examples of confidential information or trade secrets include:

  • business plans
  • customer lists
  • internal policies and procedures
  • industrial knowledge
  • software algorithms
  • technical processes

Confidential information arises automatically and lasts indefinitely. This means it is important you have strict policies in place in your business to ensure that confidential information is not inadvertently disclosed to the public, which could destroy its protected status. Accordingly, it makes sense to only circulate confidential information on a ‘need to know’ basis, and impose additional confidentiality obligations on staff and contractors.

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How can we help you with confidentiality agreements?

To keep alive the possibility of securing patents, confidentiality agreements should be considered at the outset and before entering into discussions with any third parties, including business partners, manufacturers and suppliers.

We will help you:

  • with the submission of ideas to third parties or investors and put such recipients of confidential information on notice that the information they receive is confidential and protected
  • determine the type of confidentiality agreements required
  • prepare confidentiality agreements or non-disclosure agreements (also known as “NDAs”) to ensure that it is legally enforceable and adequately protects your confidential information
  • regulate informal collaborations and idea development
  • commercially exploit your know-how
  • data protection obligations
  • limit or expand the scope of restrictive covenants
  • review and negotiate confidentiality agreements
  • secure ownership of intellectual property developed through use of confidential information

To speak to one of our expert IP solicitors about confidentiality agreements, call us on 0131 478 4724 or complete an Online Enquiry to request a call back.

Arrange a meeting

If you are looking for expert advice regarding any area of IP law, get in touch with our expert solicitors today. Call us on 0131 478 4724, or complete our online enquiry form and a member of the team will get back to you.

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