Section 417.427

Title XXVI TRADE AND COMMERCE

Chapter 417

Effective - 28 Aug 1995   

  417.427.  Confidentiality of all disclosures by customer, exceptions — waiver by customer must be in writing after receiving disclosure. — 1.  An invention developer shall maintain as confidential and not use for his own benefit or for the benefit of others all disclosures made to him by a customer seeking invention development services, whether or not the customer actually retains the invention developer's services.  This duty of confidentiality applies to all such information except:

  (1)  Information which at the time of disclosure is in the public domain;

  (2)  Information which, after disclosure, becomes part of the public domain by publication or otherwise, independently of any act or omission by the invention developer;

  (3)  Information which the invention developer can establish by competent proof was in his possession at the time of disclosure by the customer, and was not acquired, directly or indirectly, from the customer; or

  (4)  Information received by the invention developer from a third party without restriction on disclosure or use; provided that such information was not obtained by said third party with restriction on disclosure or use, directly or indirectly, from the customer.

  2.  This duty of confidentiality shall include the taking of reasonable steps by the invention developer to prevent disclosure of confidential information to third parties.  This confidential relationship cannot be waived by a customer except by an express written waiver by the customer of the invention developer's obligation of confidentiality, and no waiver shall be entered into until after the disclosures set forth in section 417.403 have been made to the customer.

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(L. 1995 S.B. 80 & 88)