Confidentiality
Why is confidentiality important?
In general, the principal output of research is publication and dissemination of information and knowledge. However, there are some instances where confidentiality may be a requirement or should be considered, as follows:
- through existing research agreements, you may have a duty not to disclose any or part of your present or past research to a third party;
- there may be an opportunity to transfer confidential research results to industry and commerce;
- you have made an invention which could be patentable [it is not possible to patent an invention which has been made available to the public (whether in the UK or elsewhere) by written or oral description, by use or in any other way].
What is a Confidentiality Agreement?
Non-Disclosure Agreements (NDAs) and Confidentiality Agreements (CDAs) are frequently used to outline the relationship between the University and a company, when the University discloses secret information to a company, and vice versa. The parties are referred to as the receiving party and the disclosing party.
Why do I need a Confidentiality Agreement?
Confidentiality Agreements are necessary when you wish to disclose confidential information to a company during discussions which may lead to research collaboration or the licensing of intellectual property. Keeping information confidential until it can be protected, eg by patents, is often essential in establishing links with industry. It is far harder to encourage a company to fund research or to licence technology if the company has no privileged or exclusive access to the research results. But be aware that disclosure to many parties under CDAs, could be regarded as public disclosure.
Where can I get a Confidentiality Agreement?
The company may present you with its standard Confidentiality Agreement. If so, do not sign, but forward it to RED for approval.
Who should sign the form?
In the majority of cases, RED should approve and sign Confidentiality Agreements. In special circumstances, authorisation may be obtained from RED allowing you to sign the agreement yourself. Such authorisation must always be obtained in advance, will only be valid for a specific instance, and the standard university agreement must be used without amendment (unless RED has also authorised an amendment).
In all cases, a copy of the fully signed confidentiality agreement must be returned to the RED office.