Checklist; Issues to Consider When Disclosing Confidential Information

Let us assume that your product is not patentable. What are the issues to consider when weighing up the issue of disclosure?

1. Ensure the information is recorded in writing and marked for the attention of someone and clearly marked ‘marked for the attention of….’

2. Make sure you take a copy of everything. Too many times a client will send something out but never take a copy.

3. Ensure you retain circumstances of disclosure. Do we have a receipt of disclosure if this was sent via the Post Office?

4. Has a non-disclosure agreement been executed?

5. Have you checked the capacity of signature? For example is it an individual or a company who is executing the agreement?

6. Have you considered the nature of the relationship between the discloser and recipient? Is there likely to be IPR generated as a result of the discloser? Will services be provided in return for the disclosure and opportunity to release the information?

7. Have you considered mutual disclosure?

8. Has the limited class of persons to whom the recipient may disclose information been clearly identified in the non-disclosure agreement and how will dissemination to such persons be monitored?Â

9. Have you reviewed the return of the documentation? Is it indefinite of for a period of x years?

share this Article

Share on facebook
Share on twitter
Share on linkedin
Share on whatsapp
Share on email

Recent Articles