In the NDA`s standard agreement, the “revealing party” is the person who reveals secrets and the “receiving party” is the person or company that receives the confidential information and is required to keep it secret. The conditions are activated to indicate that they are defined in the agreement. The model agreement is a “unite” agreement (or in a legal agreement, “unilateral”), that is, only one party reveals secrets. A database – all kinds of information organized to facilitate their consultation – is often protected as a trade secret. For example, a court found that a database on inventory and cost reduction for the manufacture of wholesale sandwiches was a protective trade secret for fast food retailers. One Stop Deli, Inc. v. Franco`s, Inc., 1994-1 CCH Trade Case. P 70,507 (W.D. Va.
1993). However, easily identifiable data collection is not a trade secret. Know-how – A certain type of technical knowledge that may not be confidential, but is necessary to accomplish a task. Economic Espionage Act – A law that makes it steal a business secret, obtain or hold trade secrets, knowing that it is stolen. Today noon, I revealed information about my kaleidoscopic projection system, especially how I configured and wired the bulbs with the device. This information is confidential (as described in our confidentiality agreement) and this letter is intended to confirm the disclosure. If you are specific about the information that will be protected by your NOA, it will be judged in the event of a dispute. In California (and some other U.S. states), there are special circumstances regarding confidentiality agreements and non-compete clauses.
California`s courts and legislatures have indicated that they value the mobility and entrepreneurship of a worker in general more than protectionist doctrines. [7] [8] Mutual NDA – Also known as the “two-way NOA” allows two (2) parties to share trade secrets, while they are both required to keep the information secret. Your relationship with the receiving party is usually defined by the agreement you sign. For example, an employment, licensing or investment agreement. For a stranger, it may seem like you have a different relationship, for example. B a partnership or joint venture.