As a company or an individual that has developed an innovative
product, you need to make sure, at all times, that you protect your
rights over the invention. This is particularly important when you
need to talk to a third party about scaling up the prototype and
using their manufacturing/ industrial expertise to produce and
commercialize it.
Before you disclose any information we recommend you
put a confidentiality agreement in place with the
third party.
A confidentiality agreement requires the counterparty to hold
confidential information in strict confidence. It limits the
purpose for which the confidential information can be used and it
usually includes an obligation to return or destroy confidential
information upon the request of the disclosing party. It also might
give the disclosing party the remedy of an injunction if the
confidentiality agreement is breached. Confidentiality agreements
are often referred to as non-disclosure agreements or NDAs since
they