Jim: As I noted in MSCD 5.3, there is nothing problematic about using the term that is defined in a definition. A common mistake is to exclude from the defined term information that must be submitted to government agencies or as part of a subpoena. These should be an exception to the agreement that prohibits disclosure to third parties. The fact that information must be submitted to the authorities (possibly with confidentiality commitments) should not completely remove it from the defined term and discourage the recipient from otherwise restricting its disclosure and use. Thirdly, you have these definitions that include confidential and proprietary information: that annoys me. I see a lot of non-disclosure agreements. A typical definition of information protected by such an agreement involves the idea that the information is “confidential or proprietary.” The “owner” part seems to me to be simply wrong. So what if the information is a property? A company`s website is owned by a company, but should not be protected as “confidential information” under a non-disclosure agreement. A Company has several options for retaining its proprietary information: “Confidential Information” means information, whether or not originating from the employee, that relates to the activities or affairs of the Company, its affiliates, customers or suppliers and that is confidential or proprietary, created through the Company, its affiliates, customers or suppliers. Private property rights are one of the main pillars of a capitalist economy, a legal system and a moral philosophy.
Private property rights allow a person to exclude others from the use or use of their property. Closed: This is managed and held jointly. Those who own and manage it can control, restrict, and set access rules. Due to the value and importance of these assets, companies often prohibit directors, employees, and agents from disclosing confidential or proprietary information in non-disclosure agreements/clauses without proper authorization. Sometimes this prohibition extends until after the end of the employment relationship. 0: Private property is illegal. All property belongs to the State. People do not have the right to sue others and do not have access to a judicial system.
Corruption is endemic. The wording “owner” in some U.S. CDAs has always confused me. The important aspect of confidential information is that it is confidential and disclosed in such a way that the other party can easily identify it as confidential. The labelling requirement does not appear to be a problem for short-term contracts where the NDA has a very short duration (e.g. <1 year) and survival is also very short. But if IC`s obligations persist for a long time, the disclosure obligation becomes of paramount importance in identifying the information that needs to be protected as a CI. OWNER. In the narrowest sense, this word refers to someone who is master of his actions and who has the free disposition of his property. During the colonial government of Pennsylvania, William Penn was appointed owner.
2. The estate that William Penn and his family had in the state was separated from this family during the War of Independence by the Act of 28 June 1779 and transferred to the Commonwealth for the amount it paid them in the amount of one hundred and thirty thousand pounds sterling. Thesaurus: All synonyms and antonyms for owner Secondly, it is used in definitions that include confidential information or proprietary information: The main problem with using Confidential for us is that we are dealing with several classified US government contracts and the word “Confidential” has a specific meaning in the world of national security. We cannot use this word without too much confusion resulting from its abuse, so we only use owner and insist that all our NDAs use only owner. The only other solution we had was to call it confidential or add another modifier, but that makes it open to even more interpretations. Do you have any suggestions or thoughts? Black`s Law Dictionary defines the exclusive meaning “1. By or in connection with an owner {the licensee`s proprietary rights}. 2. From, in relation to or as property (the software developer has tried to protect its proprietary data). “The term `trade secret` means all forms and types of financial, commercial, scientific, technical, economic or technical information, including samples, plans, compilations, programme arrangements, formulas, drafts, prototypes, methods, techniques, processes, procedures, programmes or codes, whether tangible or intangible, and whether physical, electronic, graphic, photographic or written stored, compiled or in Reminder when – Please do not use “public domain” (or at all in your NDA).