Know-how does not always refer to secret information. Sometimes this means a certain type of technical knowledge that may not be confidential, but is necessary to accomplish a task. For example, a collaborator`s know-how may be required to train other collaborators in how to make or use an invention. Although know-how is a combination of secret and non-secret information, we recommend that you treat it as a protective trade secret. If you pass on the know-how to employees or contractors, you use a confidentiality agreement. How long does the duty of confidentiality last? The standard agreement offers three alternative approaches: an indeterminate delay that ends when information is no longer a trade secret; A fixed period of time or a combination of the two. Client List – Example 2: Former employees have taken over the list of clients of a temporary work agency. The former employees argued that the list could not be a trade secret because the information could be obtained in another way. A court contradicted and prevented ex-employees from using the list because it could not be displayed using public information indicating which companies were likely to employ temporary workers and because the list also contained information such as the client`s business volume, specific customer requirements, important contacts and billing rates.

Courtesy Temporary Serv. Inc. v. Camacho, 222 Cal. App.3d 1278 (1990). Second, the nature of the information to be shared, to which it is disclosed, the manner in which the information is disclosed, the intended use of the information disclosed, the length of time that confidential information will be available and the safeguards that the receiving party must take are specific elements that must be properly addressed in a well-developed confidentiality agreement. When developing a confidentiality agreement (NDA), it is essential to state in concrete terms the nature of the confidential information to be disclosed. In defending a person accused of misappropriation of confidential information, the defence will certainly defend one or more of the following arguments: as a business lawyer for more than 10 years, I have seen my fair share of unnecessary and unenforceable confidentiality and confidentiality agreements. In general, this seems to happen when individuals choose a form from a book, or now from the Internet, and rely on a size for all.

Well, it doesn`t do it for a wide variety of reasons. These are important elements in any confidentiality agreement. As a general rule, the parties agree on the date of the end of the agreement (known as the „termination clause“). For example, the confidentiality agreement could be terminated if: database – all kinds of information that are organized in such a way as to facilitate their consultation. Some large companies often require their employees to sign a confidentiality agreement or ownership agreement that requires the employee to disclose all inventions that have been written, designed or reduced up to one year after the end of staff employment.