NDA ‐ confidentiality undertakings

All people involved in developing and making your recipe or food / beverage ("recipients") should sign a confidentiality undertaking.

The confidentiality undertaking prevents recipients from:

• disclosing your recipe or cooking method to others; or
• "stealing" your recipe or cooking method (i.e. using it without your permission).

Tip: Use the confidentiality agreement available at SuperNDA.

Also consider adding:

• a restraint to your NDA ‐ whereas obligations of confidentiality typically expire when the information is publicly available, restraints continue to survive; and
• an assignment to your NDA, whereby recipients assign all intellectual property they may develop (e.g. improvements, modifications and additions to the cooking method) to you.

The problem with NDAs is that they only bind signatories. As such, NDAs do not extend to purchasers of your foodstuff. To reserve your right worldwide to prevent the public from buying, copying and selling your recipe, food combination, drink formulation, branding or packaging, you'll need to get Patent, Design and Trademark Pending Numbers.