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   Confidentiality or Non-Disclosure Agreement
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   Author  Topic: Confidentiality or Non-Disclosure Agreement  (Read 1247 times)
Confidentiality or Non-Disclosure Agreement
« on: Aug 8th, 2007, 11:58am »
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CA or NDAs usually have something to the affect:
"Exceptions to Confidential Information.
 The following shall not be considered Confidential Information if: (a) it was in the public domain at the time it was communicated to the Recipient by the Discloser; (b) it was developed by employees or agents of the Recipient independently of any information communicated to the Recipient by the other party; (c) the communication was in response to a valid order by a court or other governmental body, was otherwise required by law, or was necessary to establish the rights of either party under this Agreement."
My concern is item (b) in the above exception. This seems so open-ended. My questions are as follows:
1- How do I know if it was developed inpendently?
2- What proof can I force the Recipent to provide?
3- Is there better acceptable wording to cover this?
I have even seen wording stating that even if it was in the minds of employees without being recorded.
Like to hear thoughts!
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Posts: 11
Re: Confidentiality or Non-Disclosure Agreement
« Reply #1 on: Aug 22nd, 2007, 9:34am »
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Here is short explanation Smiley :
A confidentiality or non-disclosure agreement is crucial for an inventor or any other party who needs to protect confidential information. As the importance of the confidential information increases, so does the relative complexity of the Agreement. This page presents only the basic elements of a non-disclosure agreement. The presented sample contract does not contain the more complex elements that would be required in a larger agreement. This page is divided into three parts:  
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