Issue link: https://htpgraphics.uberflip.com/i/246982
Alternative Therapy Clause SOLUTIONS Improvement at least about how long the information reasonably needs to be kept secret before all possible patents can be filed. IP clause Emily could think about inserting a clause relating to IP. This clause could provide that NWP acknowledges that it acquires no right, title and/or interest in any of the IP in the Confidential Information by virtue of entering into the Agreement. Clause 5 The clause as drafted provides that the English courts will have 'exclusive jurisdiction' to settle any disputes arising out of the Agreement. This means that if any of Emily's Confidential Information was disclosed in, say, Germany, there may be arguments about whether she could bring an action in the German courts. Usually, when an unauthorised disclosure of confidential information is made, the party to whom the confidential information belongs wants to stop the information from being disseminated further. The most effective way to do this is to get an injunction. If a disclosure is made in a country other than England, it would be much more effective to obtain an injunction in that country. In order for the Agreement to allow for this to happen, the jurisdiction of the English courts should be said to be 'non-exclusive' or following should be added, 'Nothing will prevent the Discloser from seeking injunctive relief in a court of appropriate jurisdiction'. 51