There are usually two types of deadlines for these agreements: indeterminate or with a time prescription. Compare this to this clause of a Microsoft agreement in which the 5-year confidentiality does not begin from the date of the agreement, but from the date on which the disclosure is effective: If your company operates in many states and must disclose confidential information, it is advisable to determine the applicable national law regarding the duration of the obligation of confidentiality in each state. If your company operates in a state that accepts the applicability of indeterminate confidentiality agreements, you can qualify that state as the law of the agreement and use it for the disclosure of trade secrets. There are legal and commercial justifications for including delays in confidentiality agreements. The legal justification is that some U.S. states (for example. B Kansas, Illinois and Virginia) will not impose a permanent obligation to process information that is not trade secrets. In these states, the courts would not read the duty of confidentiality; They would not impose it at all. This rule applies only to general confidential information and not to trade secrets. They will apply permanent confidentiality obligations that will only apply to trade secrets. Another very important consideration for confidentiality agreements is the period for which they must be applicable. AJ Park Law Principal Mark Hargreaves leads the AJ Park sales team. Mark assists clients in structuring and managing business operations and advises you on IP strategy.
He also works with clients who buy computer systems and software. Mark`s clients span all sectors and range from publicly traded New Zealand companies, government agencies, crown research institutes and universities to SMEs and start-ups. While others might describe him as relaxed, Mark sees himself as pragmatic and commercially focused. It considers relationship and mutual trust as essential elements of a successful long-term working relationship. Mark has been successful in working in different legal systems and in different companies and companies, and in developing great relationships with employees and clients around the world. Mark`s work history includes two years as inhouse Technology Counsel for Citigroup in London. He then worked for three years at Mallesons Stephen Jaques in Australia in the years of IT law, marketing of M-A and IP, as well as time at Simpson Grierson in Wellington, New Zealand. Mark arrived in AJ Park in 1995, before going abroad, and returned to the company in 2007. He believes that AJ Park has a unique culture and a particular focus on technology law, IP strategy and marketing.
Contact Mark under [email protected] or log in via LinkedIn. 1. This agreement ends five (5) years after it enters into force or can be replicated in writing by both parties at any time after thirty (30) days.