417.427. Confidentiality of all disclosures by customer, exceptions--waiver by customer must be in writing after receiving disclosure.
Confidentiality of all disclosures by customer, exceptions--waiverby customer must be in writing after receiving disclosure.
417.427. 1. An invention developer shall maintain as confidentialand not use for his own benefit or for the benefit of others alldisclosures made to him by a customer seeking invention developmentservices, whether or not the customer actually retains the inventiondeveloper's services. This duty of confidentiality applies to all suchinformation except:
(1) Information which at the time of disclosure is in the publicdomain;
(2) Information which, after disclosure, becomes part of the publicdomain by publication or otherwise, independently of any act or omission bythe invention developer;
(3) Information which the invention developer can establish bycompetent proof was in his possession at the time of disclosure by thecustomer, and was not acquired, directly or indirectly, from the customer;or
(4) Information received by the invention developer from a thirdparty without restriction on disclosure or use; provided that suchinformation was not obtained by said third party with restriction ondisclosure or use, directly or indirectly, from the customer.
2. This duty of confidentiality shall include the taking ofreasonable steps by the invention developer to prevent disclosure ofconfidential information to third parties. This confidential relationshipcannot be waived by a customer except by an express written waiver by thecustomer of the invention developer's obligation of confidentiality, and nowaiver shall be entered into until after the disclosures set forth insection 417.403 have been made to the customer.
(L. 1995 S.B. 80 & 88)