Non-Disclosure Agreements

Protecting your IP

A non-disclosure or confidential disclosure agreement (NDA/CDA) is a legal agreement between at least two parties which outlines information the parties wish to share, but wish to restrict from wider use and dissemination. The parties agree not to disclose the nonpublic information covered by the agreement.

NDAs/CDAs are commonly executed when two parties are considering pursing a relationship together and need to understand the other’s processes, methods, or technology solely for the purpose of evaluating the potential for a future relationship.

Confidentiality Agreement Requests

Non-Disclosure Agreements (NDA) or Confidentiality Agreements (CDA) are necessary if you want to share your novel ideas with companies or other interested parties to maintain your patent rights. Once your idea is in the public domain, it cannot be protected. These contracts protect the information created by one party and disclosed to the other. KUIC negotiates these agreements on your behalf and obtains necessary signatures from KU officials.

Your first step is to fill out a Non-Disclosure Agreement Request Form

Email the completed questionnaire to indcontracts@ku.edu and we will contact you if we need more information and let you know when the agreement has been executed.

Types of NDAs

  • Unilateral
    • This is a one-way agreement where one party wants to disclose information to another party but demands that the information remain secret, and that the receiving party does not take or use the disclosed information without consent.
  • Bilateral or Mutual
    • In this agreement, both parties supply information that is intended to remain secret. These agreements are particularly common when institutions are considering a joint venture or merger.

IP Policy

A:

No. Only University personnel who have a letter from the Chancellor’s office delegating signature authority may sign NDAs or CDAs on behalf of the University. University personnel may sign NDAs indicating that they understand and acknowledge their obligations under the NDA, but the agreement is not binding until an authorized signatory has signed on behalf of KU or KUMC.

A:

Yes. These types of agreements have many different names – Non-disclosure, Confidentiality, Proprietary Information Agreement, etc. They all serve the same purpose: to guard against the disclosure of confidential or proprietary information of one or both of the parties.

A:

KUIC is committed to getting the NDA in place as quickly as possible. And we will keep University personnel updated on the status of the agreement. Usually, if the terms are acceptable or the other party agrees to use our NDA form, then the agreement can be signed by the University within a week. But, if the NDA contains terms and conditions that are not acceptable, negotiation must occur. Then the turn-around time varies greatly and is dependent upon response time from the other party as well as their willingness to negotiate on the terms. Negotiated NDAs can take anywhere from a couple weeks to a month to work out.

A:

Yes. Please complete the NDA Request Form and provide all of the requested information so we can initiate the process immediately. If negotiation is needed and the other party is not responding, we may ask you to reach out to your technical/scientific counterpart for assistance. Together, we can get the NDA completed as soon as possible so you can continue your collaboration.