The law on the protection of confidential information stems from the principle of the common law of justice. The just doctrine of trust or confidentiality is invoked when confidential information cannot be protected by intellectual property rights. B such as patents or copyrights. However, it is advisable to apply a confidentiality agreement rather than relying on common law principles. KFC operates in the same way in disguise and only a handful of employees know its secret recipe for “11 herbs and spices” and all of these employees are said to have signed confidentiality promises. I have a question for you that has been bugging me for several years. From time to time, my company shares company information with a third party and first enters into a confidentiality agreement (CA) [also known as the confidentiality agreement – KAA] with the third party. Our CA has a five-year term and is often negotiated in a shorter period of time. Several lawyers have suggested that we remove the clause from our agreement and force the third party to ask for a clause. These lawyers argue that if a clause is not requested and there is therefore no clause in the CA, the term is unlimited (i.e. the confidentiality obligations will last forever), which would benefit my business.
Other lawyers I spoke to said that a certification body without a clause could be overturned by a court (either the court would impose its own appropriate clause or cancel the entire contract for reasons of indeterminacy). Do you know any case law on this particular subject or have you thought about whether or not you should introduce a clause into a certification body (or another contract)? Another risk of disclosure of trade secrets as part of a temporary secret is that U.S. courts have found that this could result in the loss of the protection of trade secrets as a whole. Disclosure of trade secrets under nothing less than a permanent obligation of secrecy could not be summed up as reasonable efforts to preserve the secrecy of trade secrets, and the protection of trade secrets could be lost, even if the secrecy of the business has not been made public. Instead, you can create two separate chords. A confidentiality agreement for your trade secrets and another non-compete agreement.