One option would be to consult certain documents or information and characterize them as trade secrets in the confidentiality agreement. Obligations on all other disclosed information could then be deferred. The list of information with permanent protection could be added by agreement or by passage, depending on the circumstances of the agreement. As with all legal matters, the “typical” duration of a confidentiality agreement is far from typical. A confidentiality agreement is a standard written agreement used to protect the owner of an invention or idea for a new business. It is also an important document between two companies that must consider a merger or commercial transaction and be deprived of the public. The legal justification is that some U.S. states (for example. B Kansas, Illinois and Virginia) will not impose a permanent obligation to process information that is not trade secrets. In these states, the courts would not read the duty of confidentiality; They would not impose it at all. This rule applies only to general confidential information and not to trade secrets. They will apply permanent confidentiality obligations that will only apply to trade secrets. There is a difference between a time limit on the agreement itself and a time limit for the publication date.

If a time limitation applies to the agreement itself, it means that the watch begins to rotate from the date of the agreement, not from the time the disclosure takes place. One of the risks associated with the adoption of a fixed-term confidentiality agreement is that the stripper implicitly accepts that his confidential information can be freely used and disclosed to the other party at the end of that fixed period. In most years, the agreement itself does not explicitly state it. But we think that will probably be the consequence. If not, why a fixed duration? And while any confidentiality agreement is as unique as the parties and the relevant agreement, the 1 to 10-year terms are the norm, with confidentiality valid for an indefinite period of time for trade secrets and for as long as possible (or necessary) for other forms of intellectual property. For many purposes, a long or indeterminate period is preferable to ensure that the supplier retains exclusive and permanent control over sensitive information. In common law countries such as New Zealand, Australia and England, it is normal for confidentiality agreements that continue to apply to information as long as it remains confidential. In principle, this is consistent with the protection afforded to confidential information under fair rules on breaches of trust rights.

If the information can remain confidential forever, it should be properly protected. The document will clarify that the exclusion of the agreement includes information that is: other jurisdictions also impose restrictions on the timetable for the application of confidentiality obligations. Thus, the Australian High Court has decided that confidentiality agreements with unlimited trust obligations are not applicable without it being clear that the trust obligations no longer apply to information that is made public.