How to protect confidential information and what practical steps to take
Scenario 1 - What to do, if receiving confidential information (under a mutual confidentiality agreement).
Have you been asked to sign a confidentiality undertaking? If so, please check that it is only confidentiality restriction and not a transfer of intellectual rights.
Obtain express confirmation from the discloser, that the information is not confidential, where possible, before disclosure.
Make a written record of what was disclosed, by whom and when.
Please remember that, an obligation, to keep information confidential, includes the obligation of not disclosure or not use of the information, without the permission of the person to whom the obligation is owned.
Scenario 2 - What to do, if giving out confidential information.
Put in writing or some other permanent form.
Mark any documents with appropriate confidentiality and IPR disclaimers.
Keep a copy of what is disclosed and a record of when and to whom.
If an oral disclosure is made in confidence, confirm in writing what was disclosed and what was given in confidence.
Have the recipient sign a confidentiality undertaking in advance of the disclosure.
Scenario 3 - If publishing or presenting technical papers:
Consider whether anything in the paper describes a new device, chemical compound or manufacturing process or a significant improvement or modification to any such matters.
Do not disclose anything, without first considering the possibility of the content of the papers being patentable in whole or in part
Consider whether there are any restrains, under any relevant agreements (including research and development or collaboration agreements).
Keep an eye on any relevant timetable for confirming publication.
Request that, the publisher confirms confidentiality on receipt of paper pending decision on publication.
Please, always remember that, any document exchanged, should be clearly marked as being confidential.
Scenario 4 - If starting discussions on a collaborative project:
Consider what background IPR, if any, are free from obligations of confidentiality and may be introduced to the project.
Prior to disclosing any information to third parties, have a confidentiality agreement signed. Such agreements, may take many forms and the terms should be adjusted in accordance with the particular circumstances.
You should always include the following: - identification of parties;
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