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NDA's

 
 
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adigaskell
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PostPosted: Thu Feb 23, 2006 2:43 pm    Post subject: NDA's Reply with quote

How watertight are NDA's? For instance if one party signs a NDA and subsequently breaks the agreement what actions can be taken against them?
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Old Welsh Guy
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PostPosted: Thu Feb 23, 2006 4:01 pm    Post subject: Reply with quote

You can lose the shirt off your back if you have signed an NDA. They ae (if written properly) watertight.

I had one with a guy who was going to work with me. It clearly stated that the use of any intellectual copyright information would automatically give me 50% of his business. He broke it, I went to a barrister (who lived next door to me Very Happy ) he contacted the guy, drafted papers, and we closed his business down.
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adigaskell
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PostPosted: Thu Feb 23, 2006 4:50 pm    Post subject: Reply with quote

That sounds pretty good. Did you get it drafted by a professional?
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Old Welsh Guy
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PostPosted: Thu Feb 23, 2006 4:58 pm    Post subject: Reply with quote

yep, the guy next door who specialises in civil litigation. In fact ihe was regularly at the house of lords with regard the miners compensation claims.
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PostPosted: Fri Feb 24, 2006 12:46 am    Post subject: Reply with quote

It can become a good protection, but I think you should get it drafted by an attorney. Also get signature while the attorney is present. You need to be prepared to litigate whoever breaks the agreement as well ...
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adigaskell
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PostPosted: Fri Feb 24, 2006 10:00 am    Post subject: Reply with quote

Thanks for your input guys.
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PostPosted: Fri Feb 24, 2006 11:42 am    Post subject: Reply with quote

I signed an unofficial NDA years back and I broke it. There was a pretty complicated story behind, and I did not break the entire agreement arguably (in my opinion), but it's still true that I completely disregarded the agreement in the end. Retrospectively speaking, two things (among other things) enabled me to just break and disregard the agreement:

1. (unofficial) NDA was drafted by two people who were not licensed lawyers.

2. The form was signed without the presence of any attorney.

If an attorney had drafted it and I had signed with his/her presence, things could have turned out very differently ...
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PostPosted: Mon Mar 06, 2006 5:37 am    Post subject: Reply with quote

It doesn't really matter in UK law in whose presence an NDA is signed or indeed whether it is drawn up by a lawyer There are many standard templates floating aorund the web. The big issue is proving breach.

There are exclusions primarily for information either already in the public domain or known about by the other party. So someone might say in his defence - 'we were working on such an idea ourselves'. This is the key area. Its no good having them signed and then just opening up your commercial confidences. You still have to take care e.g asking the other party to set out in writing what work he has done in the relevant field if at all (the NDA should be mutual) before giving the informnation. Also log a short description of the key sensitive information you are going to give him by both signing a form which you retain. Ideally you begin by sayng ' I am now going to tell you our ideas as to how to exploit this product under the following general bullet points' and have him sign a note listing the points before you give the key info. Afterward specifically ask him if anything is not new and add that to the note. If he does claim that, seek proof before you go any further.

Also take care to avoid the other party claiming , where there has appeared to be misuse of the information, that it was nothing to do with him by limiting the medium in which the information is given. For example while you cannot stop him puting it into another form ,eg a note on his computer, do not send the info by , eg email.The risk is others seeing it who have not signed up to the NDA. If distribution takes place you want to prove it was in a form created by him and not one created by you that was just inadvertently seen by others.
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