The use of confidentiality agreements increased in India and was subject to the Indian Contract Act 1872. In many cases, the use of an NOA is essential, for example. B to hire employees who develop patentable technologies when the employer intends to apply for a patent. Confidentiality agreements have become very important due to the growth of the Indian outsourcing industry. In India, an NDA must be stamped to be a valid enforceable document. How long does the duty of confidentiality last? The standard agreement offers three alternative approaches: an indeterminate delay that ends when information is no longer a trade secret; A fixed period of time or a combination of the two. In California (and some other U.S. states), there are special circumstances regarding confidentiality agreements and non-compete clauses. California`s courts and legislatures have indicated that they value the mobility and entrepreneurship of a worker in general more than protectionist doctrines.   Know-how does not always refer to secret information. Sometimes this means a certain type of technical knowledge that may not be confidential, but is necessary to accomplish a task. For example, a collaborator`s know-how may be required to train other collaborators in how to make or use an invention.
Although know-how is a combination of secret and non-secret information, we recommend that you treat it as a protective trade secret. If you pass on the know-how to employees or contractors, you use a confidentiality agreement. A confidentiality agreement depends on nature, duration and obligations. In any case, imposing an NDA requires building trust in the right people. As long as you have a competent and experienced legal team to help you, don`t worry. It is, if anyone wants to keep confidentiality, that an agreement has been reached. Your relationship with the receiving party is usually defined by the agreement you sign. For example, an employment, licensing or investment agreement. For a stranger, it may seem like you have a different relationship, for example. B a partnership or joint venture.