Second, the nature of the information to be shared, to which it is disclosed, the manner in which the information is disclosed, the intended use of the information disclosed, the length of time that confidential information will be available and the safeguards that the receiving party must take are specific elements that must be properly addressed in a well-developed confidentiality agreement. Unlike non-competitors, which are rarely applicable, confidentiality agreements, which are properly developed, are generally applicable. It is therefore important that any staff member who receives a confidentiality agreement reads it carefully. If the employee has any doubts or concerns, the employee should invest between $99 and $300 to verify the confidentiality agreement and explain it through a lawyer. Know your rights and contact us today! To enforce a confidentiality agreement in California, a complainant must demonstrate that the terms of the contract include the alleged violation and that the application of the agreement is not contrary to other California contracts, rights or laws, including Section 16600 of the Professional and Commercial Code. When negotiating a confidentiality agreement, companies and employees should carefully define confidential information. When disclosing confidential information to employees and third parties who have signed confidentiality agreements, an entity should clearly inform those parties that the information is confidential. In California, trade secrets must fit a very specific definition. A trade secret must be a particular formula, a certain motive, a device, etc., which is valuable precisely because it is not known to the general public. In addition, appropriate efforts must be made to protect its secrecy. Confidentiality agreements cannot simply pretend to prohibit the exchange of information on trade secrets without showing that there is indeed a trade secret. Some large companies often require their employees to sign a confidentiality agreement or ownership agreement that requires the employee to disclose all inventions that have been written, designed or reduced up to one year after the end of staff employment. Some of these agreements also provide that such inventions are supposed to be owned by the former employer and that this presumption can only be overcome if the worker can prove that the invention is eligible for protection under the California Laboratory Code 2870.
To cover this burden, the worker must demonstrate that the invention (1) was fully developed at its own time, without using the employer`s equipment, supplies, facilities or business secrets; (2) do not refer, at the time of conception or reduction, to the practice of the employer or to the actual or proven research or development expected or result from the worker`s work for the employer. See California Labor Code 2870 (a). Intellectual property and trade secrets are assets of extreme value in today`s economy, and while certain types of such properties can be protected by copyrights and patents, much of the world of trade secrets and confidential information is not protected outside of the contractual protection that can be developed.