Develop Phase: Preliminary Agreements - Non-disclosure agreements

3 important questions on Develop Phase: Preliminary Agreements - Non-disclosure agreements

Which classification types have NDA and what do they mean?

Non-disclosure agreements are classified as either one-way (unilateral) or mutual.

A unilateral  NDA is used when only one will be disclosing information
A mutual non-disclosure is use when both parties will be receiving and disclosing confidential information.

Which 5 areas should be covered in a simple straight forward NDA?

  • definition of confidential information
  • Exclusions from confidential information
  • Obligations of the parties
  • Time period
  • Miscellaneous provisions

What is the prime consideration to determine the reasonableness of a term to look at the information being disclosed?

  • A longer term is appropriate in case of intellectual property that is not likely to go into the public domain (software or inventions)

  • A shorter term meets the business need if the information is about a business plan that will be executed over the next twelve months 

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