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Version one of the [[OneNDA]] uses the expression “public domain”. | Version one of the [[OneNDA]] uses the expression “public domain”. | ||
Experienced hands will not be surprised to hear this is a cue for those who take pleasure from such things, to raise a technical objection. This is too narrow! This means only information that is not protected by patent or copyright is excluded from the confidentiality obligation! Indeed, | Experienced hands will not be surprised to hear this is a cue for [[Doyen of drafting|those who take pleasure from such things]], to raise a technical objection. ''This is too narrow! This is wrong-headed!'' This means only information that is not protected by [[patent]] or [[copyright]] is excluded from the [[confidentiality obligation]], when what one really means is information that is ! | ||
Indeed, friends, reading “public domain” in this narrow sense makes no commercial sense at all: patent or copyright protection is only really meaningful where information ''is'' public: if it is not, it is hard too see how anyone can copy it. If the information is public, but not yet ''in the public domain'', it is, QED, not confidential, and calling it confidential does not change that. | |||
But, as we know, the eyrie overflows with nervous chickens. Let us work this logic out, and take “public domain” to have its technical meaning and imagine the dispute that might arise should I have passed to you, under protection of a OneNDA, a prospectus: being composed not six months ago and at great cost by my counsel, it is undoubtedly a work of a creative effort, if not great imagination, and it attracts automatic copyright protection. It has been published, for all the world to see — with that express intent, in fact — | |||
{{sa}} | |||
*[[Copyright]] and [[patent]] | |||
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