I have been discussing Non-Disclosure Agreements (NDAs) a bit
over the last few days.
Typically, NDAs come in a standard, take-it-or-leave-it form
from the discloser to the disclosee - the latter has no say, more
or less.
A different or contrarian approach to drafting an NDA could
involve the following:
Tailor it to specific situations: Instead of using a standard
template, create a customised non-disclosure agreement, addressing
the unique needs and concerns of the parties in the current matter.
This might include more precise definitions of what constitutes
confidential information and how it should be handled.
Collaborative Approach: Shift the focus of the non-disclosure
agreement from solely protecting proprietary information to also
fostering collaboration. Include clauses that outline how the
parties can jointly develop new ideas and technology while still
protecting their core intellectual property.
