Upgrad LLM

non disclosure agreement


Hello everyone,

          We are company based n Bangalore, India. Our client is based in South Africa. They asked the following question  to us about NDA's

                 "Under what jurisdiction do you sign NDA's."

                   Please provide me answer.

                   Thanking you for your time,

 

Regards,

-Devendra

 
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IP & Back office legal support and documents

In case the confidentiality is held by the company at Bangalore India then the NDA can be executed at Bangalore India with a Arbitration clause to bind the parties.

 
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Corporate Commercial & IP Lawyer

 


 

 

 

Dear User,

Please find below response to your query.

The purpose of adding a jurisdiction provision to an NDA is to get each party to consent in advance to jurisdiction in one county or state and to give up the right to sue or be sued anywhere else. 

 

If you have sufficient bargaining power, obtain jurisdiction in your home county.

If you cannot obtain jurisdiction in your home county, don't say anything about jurisdiction. If there is no reference to jurisdiction, the location of the case is usually determined by whoever files the lawsuit.

If you do include a jurisdiction clause it may be helpful to choose the same state you chose for governing law, as discussed above. It's simpler and more efficient for a court to apply the familiar laws of its own state.

Feel free to contact me, if there are any concerns.


Thanks

Nagaraj

Corporate, Commercial & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 0091-09902007635 / 34

 
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Dear Devendr Nadh Bopuddi, you ask him to sigh NDA in India jurisdiction.  His query is limited to signing of NDA and no way for jurisdiction in case of dispute. But siging at any place definitely creates jurisdiction in  the court of that place.  But as the query limited to signing, do not say any thing more than this in your reply.

Natwar Rai, Advocate, Ph.#09818906064

 
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