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We’re under NDA, right?

This is post is by Associate Phil Newman, a London-based marketing and commercialization strategist for technology companies. We welcome your comments.

By Phil Newman

“OK. Tuesday at 2:30. Great, see you then. We’ll get our NDA over to you guys … yeah, it’s mutual … we can talk more freely about how things could shape up between us. OK, Tuesday it is.”

Sounds fine, doesn’t it? Countersigned NDA filed in the company’s records, check. Possible collaboration with the guys at XYZ Corp., check. Mutual NDA that states what’s ours is ours, check.

But is the NDA, or Non-Disclosure Agreement, a simple business-process document that’s as everyday as a purchase order, or a legally binding document that opens up the potential of intellectual property (IP) issues later? And what about those IP clauses in your standard employment contract? French car-maker Renault recently suspended three senior execs in what was described as a sophisticated case of industrial espionage. The case revolved around electric vehicle programs and power train and battery technology. Chinese companies have been named, but involvement has been denied.

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