Non-disclosure agreement | EPFL Graph Search

A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement (SA), is a legal contract or part of a 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. Doctor–patient confidentiality (physician–patient privilege), attorney–client privilege, priest–penitent privilege and bank–client confidentiality agreements are examples of NDAs, which are often not enshrined in a written contract between the parties. It is a contract through which the parties agree not to disclose any information covered by the agreement. An NDA creates a confidential relationship between the parties, typically to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects non-public business informatio

IP Strategy and Use Of IP Protection Mechanisms Across Firm Size: An empirical investigation

Tilo Peters, Jana Thiel

In this paper we use data from the 2012 Innovation Strategy Survey (485 responses) to compare motives and choices with respect to IP strategy in firms with sizes ranging from micro to very large. Our results confirm significant differences across firm size when it comes to strategic goals, availability of means to deal with open innovation environments, the ability to generate licensing revenues, as well as the in the practice and motivations for the use of non-patenting disclosure. We find, for example, that the potential of licensing as a means of appropriating value only holds in the context of the very large firms, which has implications for the IP strategy of smaller actors. Likewise, we also begin to see a pattern emerging concerning the openness of firms’ innovation strategy wherein the extremes of the firm-size scale tend to express similar behavior but for apparently different reasons; thus they apply differing IP strategies. By our interpretation, smaller firms exhibit a predominant preference for open IP strategies while very large firms tend to exhibit more closed IP strategies. We also find that the majority of firms—in particular micro-sized firms—is interested in securing freedom to operate. This provides further reason for us to believe that the practice of strategic disclosure—a competitive and cost effective means to enhance freedom to operate—is underrepresented in awareness and use within integrated IP strategies.

2016

Corporate Science and Voluntary Disclosure

Markus Simeth

The dissertation investigates the phenomenon of firms that make voluntary contributions to the stock of scientific knowledge. Such a firm behaviour appears counterintuitive from a traditional viewpoint, since no direct financial returns can be expected while the disclosure of research outcomes may lead to knowledge spillovers to competing firms. This raises the questions why firms engage in those boundary-spanning activities, how scientific disclosure strategies are implemented, and to what extent scientific disclosure strategies affect the firm performance. The dissertation provides empirical evidence on these questions using representative firm-level data and econometric analysis techniques. The first chapter of the dissertation reviews the relevant literature, underlines the relevance of doing research on this topic by providing descriptive evidence on the amounts of scientific contributions by firms, and includes some novel insights from interviews which I conducted at several large R&D performing firms. I discuss the potential benefits, costs and organizational challenges of scientific disclosure strategies and position scientific publications as an expression of openness in the light of alternative openness definitions prevalent in innovation research. The second chapter focuses on the question why firms publish in scientific journals using a cost-benefit framework. In particular, I analyse whether scientific contributions of firms are used as an instrument to get access to academic knowledge networks. Moreover, I explore environmental conditions by considering the effectiveness of appropriation instruments and the spillover levels in a sector that may impact the firms’ decision-making process. The analysis relies on data from the French Innovation survey and provides evidence for the predictions that firms show reciprocal behaviour in exchange of obtaining valuable academic knowledge. However, the propensity of firms to publish is rather sensitive to the spillover threats. The third chapter examines how are firms able to publish by testing the requirements and origins of scientific contributions by firms. I explicitly consider the heterogeneity of scientific outputs and provide a complementary view on the requirements for the creation of inventive outcomes. The requirements considered can be classified according to the research orientation and the demographic composition of the R&D labs. The analysis revealed that scientific disclosure strategies require specific resource allocations and capabilities, which are in part not necessary for the generation of inventive outcomes. The findings support the view that disclosure strategies can be costly and are not only a by-product of the “usual” R&D activities. The fourth chapter addresses the performance effects of scientific activities of firms. More specifically, I examine whether scientific publications stocks provide valuable information to the financial markets, potentially leading to different valuations. I consider the heterogeneity of scientific and inventive outcomes and found evidence for a positive impact of scientific contributions on the firm’s Tobin’s Q beyond the effects of R&D stocks, patent stocks and patent quality.

EPFL2013

Protecting Options in Global Markets: Evidence on the Use of Strategic Disclosure

Tilo Peters, Jana Thiel, Christopher Tucci

We examine the impact of globally diverse market operations on a firm’s choice to openly disclose some of its technology. We suggest that this strategic disclosure offers solutions to specific needs in the commercialization strategy of globally operating firms where exclusivity or secrecy may not offer the best protections. Our empirical findings indicate that with greater market diversity a firm’s tendency to strategically disclose increases. The availability of complementary assets and the type of innovation moderate this relationship. We discuss our findings and explore the potential of non-patent disclosure to protect market options for a growing group of globally operating firms that are not multi-billion dollar operations.

2015

Corporate Science and Voluntary Disclosure

Markus Simeth

EPFL2013