Celebrating 20 Years of IP Excellence

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Do’s and Don’ts for a Non Disclosure Agreement

  Original Date of Publication: November 26th, 2009 Please note that the Do's and Don'ts provided hereunder are broad and non-exhaustive guidelines. Kindly consult a lawyer for specific advise. Do’s 1. Define the meaning of the term Confidential Information to cover all kinds of information that may be disclosed. Exclusions to confidential information may be included within the definition. 2. The purpose for which confidential information is provided must be lucidly stated in the agreement. 3. The parties permitted to access the confidential information must…

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Confidential Information: Basic Clauses in a Non-Disclosure Agreement

This post was first published on August 15th, 2011. One of the most widely adopted measures to protect secrecy is the execution of a Non-Disclosure Agreement (NDA). It is a common practice to sign an NDA before disclosing any confidential information. A well-drafted NDA is easy to understand, not too long and lucid. Important clauses in an NDA include: Definitions; Confidentiality; and Term and Termination. a. Definitions Clause The definitions clause in an agreement…

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Secrecy Obligations of Employees

First Publication Date: 7th December 2010. Trade Secrets form an important part of intellectual property owned by most knowledge driven companies. Infact, patents and others are just the tip of the intellectual property ice berg of a company, the rest being trade secrets. Most countries including India do not have legislations protecting trade secrets and the law with respect to their protection emanates from court decisions. Agreements have been recognized by Indian courts to be valid measures to protect secrets.…

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Movie making – A tale of woes.

  “We don’t make movies to make money; we make money to make more movies.” - Walt Disney   Movie Producers or Movie Production houses are often referred to as money making machines, but where there are riches; there are also a multitude of woes. In this post, we speak about some of the legal challenges that movie producers often face. Keeping in mind that it is always easier to list the problems than to find the solutions to them, we have jotted…

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Ideas, Concepts, Scripts & Stories – Protecting Ideas in the Entertainment Industry Part II

This post was first published on June 25th, 2014.   We reviewed the existing scenario in the entertainment industry with respect to the protection of ideas, in my previous post - how to protect ideas. Before we move on to discuss the tool that can be used to protect original ideas/concepts that are not expressed in a tangible form, let us take a look at the practices followed in the entertainment industry by both the generator and the receiver of ideas.…

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