NDA Between COMPANIES

What is the procedure for Non-Disclosure Agreement Between Two Companies? How explore the possibility of a business relationship between them? I want application form for agreement between Two Companies. How I will fill that application form and what documents attached with application form?

Can you tell me in detail about Non-Disclosure Agreement (NDA) which is signed between Companies in India?

[pawan]

A Non-Disclosure Agreement (NDA) also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA) or secrecy agreement (SA).

It is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties.

The most common forms of these are in doctorpatient confidentiality (physicianpatient privilege), attorneyclient privilege, priestpenitent privilege, and bankclient confidentiality agreements.

Use of Non-Disclosure Agreements in India is on the rise and is governed by the Indian Contract Act 1872. Use of an NDA is vital in many circumstances, such as to tie in employees who are developing patentable technology if the employer intends to apply for a patent.

NDA have become very important in light of India's burgeoning outsourcing industry. In India, an NDA must be stamped to be a valid enforceable document.

Non-compete and non-disclosure agreement-
Although it is part of service agreement but if it is not part of service agreement a non-compete agreement should be signed, so that the employee may not be able to disclose or compete ones information to other people.

Criminal breach of trust complaint-
Under the Indian penal code a criminal breach of trust complaint can be lodged against an employee, i.e. under IPC 406, if one has stolen the information and disclosed it to ones competitor. This is also the provisions which will help one to prevent ones trade secrets.

Protection under the copyright act-
If the information stolen is protected under the copyright act, such as software and databases are covered under section 63 of the copyright act, and civil proceedings are also maintainable.