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CONFIDENTIAL INFORMATION

CONFIDENTIAL INFORMATION. Introduction to Basic Concepts and Procedures. CONTENTS. Types of Confidential Information What Constitutes “Disclosure” Inadvertent vs. Planned In-house disclosures vendors, suppliers and customers trade shows

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CONFIDENTIAL INFORMATION

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  1. CONFIDENTIAL INFORMATION Introduction to Basic Concepts and Procedures

  2. CONTENTS • Types of Confidential Information • What Constitutes “Disclosure” • Inadvertent vs. Planned • In-house disclosures • vendors, suppliers and customers • trade shows • publication in technical journals, newspapers, conferences • consortiums • University professors and students • outside consultants • public places

  3. CONTENTS • Effects of Disclosure • Loss of competitive advantage • Loss of foreign patent rights • Loss of US patent rights • Breach of Contract • Protective Measures • Patents, Trade Secrets • Defensive Publication • Marking • NDA’s • Effect of an NDA • Types • Typical Provisions • Published Internal Policies and Procedures

  4. TYPES OF CONFIDENTIAL INFORMATION • New product ideas • Technical ideas, solutions and plans • Business ideas, solutions and plans • Customer Lists, Vendor Lists • Pricing information • Drawings, computer program listings • Know-how • Marketing plans, strategies • Patent Disclosures • Engineering notebooks

  5. Inadvertent vs Planned Disclosure • Inadvertent • mistake • lack of awareness/understanding • significance of the information • risks/consequences of disclosure • what constitutes disclosure • Planned • confidential information is identified/known • disclosure is planned • awareness of risks/possible consequences • all possible protective measures reasonable in the circumstances

  6. Bad Example #1 • Residual Information: • The recipient may disclose, publish, disseminate and use the ideas, concepts, know-how and techniques, related to the Recipient’s business activities, which are contained in the Discloser’s Information and retained in the memories of Recipient’s employees who have had access to the Information pursuant to this Agreement.

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