Frequently Asked Questions

Q: My business is involved in work with a partner company overseas. How can I ensure that they will keep my IP secret?

This is not an easy question to answer. The truth is that only you can weigh up the costs and benefits of communicating potentially sensitive information online.

The most common legal means of protecting information in this situation is to have the partner company sign a non-disclosure agreement (NDA) before they gain access to any confidential information. However, this is not a magic solution, as you should anticipate some possible problems if the agreement is breached:

  • Do you have the financial resources to pursue the company in Australia (assuming that the NDA is subject to Australian law)?
  • If the company has no presence in Australia, could you pursue them in their home country? Would that foreign court be open to hearing a case like this?
  • Assuming that you can gain a judgment against the company, will this really cover you company's losses?

These are just some issues you should raise with an intellectual property lawyer when protecting your company's IP.



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