Gannons Solicitors

Insight

Protect your IP and business ideas with a bespoke, lawyer drafted NDA

Last Updated: August 14th, 2025

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In this fast-paced and competitive business landscape, safeguarding sensitive intellectual property (IP) and confidential information is paramount to maintaining a competitive edge. One tool that businesses can use to protect their confidential information is a Non-Disclosure Agreement (NDA).

NDA’s effectiveness relies heavily on the accuracy and completeness of the information they contain and seek to protect and whether someone with real experience of hidden pitfalls and risks (i.e. your legal representative) correctly applies their knowledge, drafting skills and experience to you and your business or organisation’s underlying reason for the NDA.

Preserving Intellectual Property

NDAs play a pivotal role in preserving intellectual property, trade secrets, and other proprietary information. By clearly defining what information is considered confidential, businesses can maintain control over their innovations and competitive advantages.

Fostering Trust and Collaboration

When entering into partnerships, clients, or collaborations, businesses often need to share sensitive information. A well-drafted NDA not only protects the disclosing party but also fosters trust among the parties involved. Knowing that their confidential information is legally protected, businesses are more likely to engage in open and productive collaborations.

Vague Definitions of Confidential Information

Ambiguity in defining what constitutes confidential information can lead to disputes and confusion. Clearly identifying the scope of protected information ensures that both parties understand their obligations and reduces the likelihood of inadvertent breaches.

Inadequate Duration and Exclusions

NDAs must clearly specify the duration of confidentiality obligations and any exclusions to the protected information. Failing to address these aspects can result in prolonged obligations or leave certain information unprotected, compromising the very purpose of the agreement.

Breach and Enforcement

In the unfortunate event of a breach of the NDA by the other party, it should outline the enforcement mechanisms and remedies available to the aggrieved party. Swift and decisive action is crucial to mitigating damage and sending a clear message about the seriousness of confidentiality obligations. We use special wording in our bespoke NDA to ensure that, in a case for copyright, trade mark and/or patent infringement, the wording of the NDA is as effective and watertight as possible, such wording not usually being available in a standard form NDA. We also use important wording (which is not usually found in a standard NDA) to stop competitors creating a similar version of the product themselves, cutting you out of a previous relationship or arrangement with a confidentially disclosed customer or affiliate or trying to entice employees away from your business or organisation in order to compete more effectively with it or even erode your strong position in the market prior to your disclosing information about your customers and affiliates.

International Considerations

In an increasingly globalized business environment, cross-border collaborations are common. Understanding and addressing the legal nuances of confidentiality obligations in different jurisdictions is essential to ensure comprehensive protection.

Get in contact

If you need practical, specialist and experienced advice from an IP specialist lawyer, to draft or review an IP related NDA or advice on the underlying transaction, please do get in contact. We believe you will find us to be  an excellent alternative to more expensive, larger City law firms.

Let us take it from here

Call us on 020 7438 1060 or complete the form and one of our team will be in touch.

Brian Miller

Solicitor specialising in commercial contracts with a focus on intellectual property and GDPR

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