NDA's and legal agreements, outside of UK
Discussion
NDAs, Non Disclosure Agreements.
I have used a standard template with a few people in the UK over the years.
If we wanted to send an NDA to an overseas client, what process is needed?
A UK agreement will generally refer to UK jurisdiction and courts etc.
Basically, I want to send a prototype of a new product to a few clients around the world for feedback, but we do need an appropriately binding legal document for them to sign, so they don't copy it etc, at least enough to make them think twice.
Are any legal experts out there able to help with this subject please?
Thanks
I have used a standard template with a few people in the UK over the years.
If we wanted to send an NDA to an overseas client, what process is needed?
A UK agreement will generally refer to UK jurisdiction and courts etc.
Basically, I want to send a prototype of a new product to a few clients around the world for feedback, but we do need an appropriately binding legal document for them to sign, so they don't copy it etc, at least enough to make them think twice.
Are any legal experts out there able to help with this subject please?
Thanks
BGARK said:
NDAs, Non Disclosure Agreements.
I have used a standard template with a few people in the UK over the years.
If we wanted to send an NDA to an overseas client, what process is needed?
A UK agreement will generally refer to UK jurisdiction and courts etc.
Basically, I want to send a prototype of a new product to a few clients around the world for feedback, but we do need an appropriately binding legal document for them to sign, so they don't copy it etc, at least enough to make them think twice.
Are any legal experts out there able to help with this subject please?
Thanks
IANAL however I've done crossborder business for c. 30 years. English law agreements are valid around the world. The one thing extra needed for an overseas client is a UK entity or representative on which to serve valid notices. I have used a standard template with a few people in the UK over the years.
If we wanted to send an NDA to an overseas client, what process is needed?
A UK agreement will generally refer to UK jurisdiction and courts etc.
Basically, I want to send a prototype of a new product to a few clients around the world for feedback, but we do need an appropriately binding legal document for them to sign, so they don't copy it etc, at least enough to make them think twice.
Are any legal experts out there able to help with this subject please?
Thanks
Whoozit said:
IANAL however I've done crossborder business for c. 30 years. English law agreements are valid around the world. The one thing extra needed for an overseas client is a UK entity or representative on which to serve valid notices.
Ok interesting thanks, by entity or representative you mean I have to run this past a solicitor and cannot send it as an individual? BGARK said:
Ok interesting thanks, by entity or representative you mean I have to run this past a solicitor and cannot send it as an individual?
No. Ideally, the overseas client needs to give you a contact and address in England for service of notices. You can totally send as an individual. Ultimately it's up to you, it's a protection so when you send something by registered post or courier they can't claim "never saw it" or "lost in the post".
The Department of International Trade can help you with this. They provide regional NDA services through local trade desks in Embassies and Consulates and what comes from them or via them tends to carry a little extra weight. You will have a regional DiT office near you and a Rep that you can speak to so hunt them out and have a chat.
You need to be aware that international NDAs can be very difficult and very expensive to enforce, and not always successfully so regardless of the level of blatant copy that applies. This varies country to country. That is not to say they are not worth having - just to be aware that their usefulness can be variable.
You need to be aware that international NDAs can be very difficult and very expensive to enforce, and not always successfully so regardless of the level of blatant copy that applies. This varies country to country. That is not to say they are not worth having - just to be aware that their usefulness can be variable.
Unless the amounts involved are significant and you have very deep pockets, how in a foreign jurisdiction are you going to enforce this.
I had a dispute with my business partner in Poland and he moved against me and got all kinds of judgments but all he had was the assets in Poland which I had given up hope of ever getting anyway.
The reverse is true, your overseas partner breaches the agreement, how do you enforce it.
Your Lawyers would love you to bogged down in this since they’d be getting fees in the UK and some foreign place.
At the level I was at , it relied on trust and once that went, it was game over
I had a dispute with my business partner in Poland and he moved against me and got all kinds of judgments but all he had was the assets in Poland which I had given up hope of ever getting anyway.
The reverse is true, your overseas partner breaches the agreement, how do you enforce it.
Your Lawyers would love you to bogged down in this since they’d be getting fees in the UK and some foreign place.
At the level I was at , it relied on trust and once that went, it was game over
DaveA8 said:
Unless the amounts involved are significant and you have very deep pockets, how in a foreign jurisdiction are you going to enforce this.
This equally applies to domestic NDAs in that they are only as effective as your willingness and financial willingness to enforce them. Trust and 'gut-feel' can sometimes be cheaper and just as effective.
StevieBee said:
This equally applies to domestic NDAs in that they are only as effective as your willingness and financial willingness to enforce them.
Trust and 'gut-feel' can sometimes be cheaper and just as effective.
This. Trust and 'gut-feel' can sometimes be cheaper and just as effective.
Most NDA's aren't legally enforceable (according to a lawyer friend of mine), however, I work with companies all over the world, and people still insist on them.
And normally abide by the wording.
As above. You can find a template NDA with English law, UK arbitration, and so on. Put a bit of effort into it to reflect your specific circumstances and project. But really the value of it is just to show the other side you're not a complete newcomer. Unless you are a multinational megacorp you'll have no practical way to enforce it.
You're better off spending the time thinking about prevention and mitigation.
Can you prevent any copying: can you seal any components ? Have non-functional parts ? Have it explode a glitter bomb if opened ?
If it is copied, what is the impact on you ? Can you reduce that impact ? Exclusive licensing to someone who is big enough in a market to take on an unlicensed supplier ? Copyrights, design rights, etc in markets where you have a presence or are your major targets.
You're better off spending the time thinking about prevention and mitigation.
Can you prevent any copying: can you seal any components ? Have non-functional parts ? Have it explode a glitter bomb if opened ?
If it is copied, what is the impact on you ? Can you reduce that impact ? Exclusive licensing to someone who is big enough in a market to take on an unlicensed supplier ? Copyrights, design rights, etc in markets where you have a presence or are your major targets.
Geoffcapes said:
StevieBee said:
This equally applies to domestic NDAs in that they are only as effective as your willingness and financial willingness to enforce them.
Trust and 'gut-feel' can sometimes be cheaper and just as effective.
This. Trust and 'gut-feel' can sometimes be cheaper and just as effective.
Most NDA's aren't legally enforceable (according to a lawyer friend of mine), however, I work with companies all over the world, and people still insist on them.
And normally abide by the wording.
Gassing Station | Business | Top of Page | What's New | My Stuff