Nondisclosure Agreements Protect Against Intellectual Property Theft?

Answer 1

When sharing proprietary information with someone, an individual or a company may choose to use a nondisclosure agreement as a means of protection. Nondisclosure agreements are used in a variety of instances, but most often, they are used to protect against theft of intellectual property. An example of this may be when a company needs to share proprietary information with a prospective employee in the interview process, but they will want to make sure the prospective employee does not share that information, even if not hired. As a result, they will typically have that person sign a nondisclosure agreement.

What is Included in a Nondisclosure Agreement?

A nondisclosure agreement typically contains the identity of the parties bound by the agreement, what information is protected by it, how long the information is protected by the agreement, as well as what the penalties are for breaking the agreement. A nondisclosure agreement may not list all of the specific information that is not to be disclosed, but instead, it may simply list general areas of information to be kept secret. An example of this may be where a rival company is being propositioned about a partnership by an engineering firm, and the propositioning company provides specifications about a new project. In this scenario, a nondisclosure agreement may not list the project or its details specifically, but instead, it may opt to simply cover any and all engineering specifications and projects disclosed during the meeting.

The Timeline of Enforcement

Many nondisclosure agreements will also include information regarding how long the agreement is in effect for. This is done to protect information that may be time sensitive, such as information about a new product that will be debuting soon. After the specified period of time has passed, both parties are then free to disclose the protected information without penalty.

Penalties for Disclosing Information

If information is knowingly shared by a party that signs a nondisclosure agreement, there are various penalties that could be levied. The agreement itself may outline specific penalties, such as litigation, or it may list monetary damages that could be collected if the disclosed information is used to hurt the person or company providing the information. This also applies if someone signs a nondisclosure agreement, but then uses the information they have gained to emulate a product, service or idea.