NDA good in Canada?

[coytoered]

What is the name of your state (only U.S. law)? Indiana

A company wants to view my invention. They had 2 addresses listed, one in California and one in Canada. I was corresponding with the branch in California and the President signed my NDA. After more communication I found they now closed the California branch, and moved everything to the Canadian Headquarters. My NDA was signed by the President at the California address. Now he requests that I send my invention to the Canadian address.

My question: Will my NDA still be in force in Canada?

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

A company wants to view my invention. They had 2 addresses listed, one in California and one in Canada. I was corresponding with the branch in California and the President signed my NDA. After more communication I found they now closed the California branch, and moved everything to the Canadian Headquarters. My NDA was signed by the President at the California address. Now he requests that I send my invention to the Canadian address.

My question: Will my NDA still be in force in Canada?

Just to be safe, I would have them sign a new NDA. However, it should probably be reviewed by a Canadian attorney first to make sure that it would hold up in Canada as a contract.

 

[quincy]

It depends on the language in the NDA and its scope.

It is important to note that the Uniform Trade Secrets Act is a U.S. act and does not extend to Canada. It is also important to learn under what laws your NDA will be governed - U.S. laws or Canadian laws.

In other words, I agree with LdiJ that having an attorney review the contract, to see to what extent it covers additional disclosure to the company in Canada, would be wise and is advised.