How can companies protect their confidential and proprietary information while working with the DOE national laboratories?
CRADAs normally contain provisions addressing protection of a partner’s proprietary data. Non-disclosure agreements can easily be put in place for initiating discussions related to creating a potential collaboration. Agreements to protect a partner’s proprietary information can be executed prior to the initiation of any work. A company’s proprietary information agreement template can be used, but use of the standard agreement offered by the national laboratory of interest often expedites the signature of these agreements. Data first produced in the performance of a CRADA can be protected from public release by the laboratory or the Government for five years. It is important that companies mark all the information that they provide to the laboratories’ staff in accordance with the agreements between the parties for protection of data.
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