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blog 24 Jul 2019

"What are confidentiality- and transfer agreements?"

In this rubric, the basics regarding Intellectual Property will be explained. #YouAskWeAnswer. We will now discuss agreements, our final subject.

Confidentiality agreement

You may first wish to explore the market potential for your invention. Because patent law demands an absolute novelty requirement or because you do not want others to run off with your idea, you can draw up a declaration of confidentiality or a confidentiality agreement.

A declaration of confidentiality is a brief declaration in which the party receiving the information undertakes in advance to maintain secrecy. Unlike the declaration of confidentiality, a confidentiality agreement is a slightly more detailed document. It usually contains specific stipulations for both parties.

Incidentally, licence, transfer and R&D agreements usually include confidentiality clauses as well.

Transfer agreement

If, for whatever reason, you wish to dispose of your patent, trademark, design or copyrights, you may sell or in some cases, waive these rights. To do so, a written agreement is required at all times.

In case of a transfer, parties must clearly state which rights are to be transferred including the amounts involved. A waiver, for example, should clearly state who is waiving what.

Contact our advisors if you wish to learn more about specific agreements and how they can be of service to you.