Effective - 28 Aug 1995
417.427. Confidentiality of all disclosures by customer, exceptions — waiver by customer must be in writing after receiving disclosure. — 1. An invention developer shall maintain as confidential and not use for his own benefit or for the benefit of others all disclosures made to him by a customer seeking invention development services, whether or not the customer actually retains the invention developer's services. This duty of confidentiality applies to all such information except:
(1) Information which at the time of disclosure is in the public domain;
(2) Information which, after disclosure, becomes part of the public domain by publication or otherwise, independently of any act or omission by the invention developer;
(3) Information which the invention developer can establish by competent proof was in his possession at the time of disclosure by the customer, and was not acquired, directly or indirectly, from the customer; or
(4) Information received by the invention developer from a third party without restriction on disclosure or use; provided that such information was not obtained by said third party with restriction on disclosure or use, directly or indirectly, from the customer.
2. This duty of confidentiality shall include the taking of reasonable steps by the invention developer to prevent disclosure of confidential information to third parties. This confidential relationship cannot be waived by a customer except by an express written waiver by the customer of the invention developer's obligation of confidentiality, and no waiver shall be entered into until after the disclosures set forth in section 417.403 have been made to the customer.
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(L. 1995 S.B. 80 & 88)
Structure Missouri Revised Statutes
Title XXVI - Trade and Commerce
Chapter 417 - Trademarks, Names and Private Emblems
Section 417.005 - Definitions.
Section 417.011 - Prohibited marks.
Section 417.018 - Additional fee — expiration date.
Section 417.026 - Term of registration — notice of expiration, when required.
Section 417.031 - Assignment of mark, procedure.
Section 417.036 - Registry of marks open to public.
Section 417.041 - Cancellation of marks, when.
Section 417.051 - Fraudulent filing or registration — civil damages to injured party.
Section 417.056 - Prohibited acts — civil action for damages, when.
Section 417.100 - Facsimile of brands to be recorded.
Section 417.130 - Recorder's certificate, evidence.
Section 417.150 - Misuse of names of certain societies prohibited.
Section 417.160 - Use of emblems regulated.
Section 417.170 - Adoption of name and emblem — registration form, fee.
Section 417.175 - Registration of emblem effective for five years, renewal procedure, fee.
Section 417.180 - Penalty for violation.
Section 417.190 - Penalty for improper use of emblem of automobile club.
Section 417.200 - Fictitious names to be registered.
Section 417.217 - Foreign businesses, registration, when — exemption from, when.
Section 417.220 - Registration fee.
Section 417.230 - Penalty for failure to register.
Section 417.240 - Owner of farm may register name of same.
Section 417.250 - Description of mark, where filed — notice of use.
Section 417.260 - Duties of recorder and secretary of state — fees.
Section 417.270 - Penalty for violation.
Section 417.280 - What constitutes evidence.
Section 417.290 - Acceptance of deposit does not constitute a sale.
Section 417.310 - Receptacles — unlawful use.
Section 417.320 - Receptacles — unlawful possession.
Section 417.330 - Search warrants — prosecution.
Section 417.350 - Terms construed.
Section 417.360 - "Sale" construed.
Section 417.400 - Definitions.
Section 417.406 - Contract for invention development services, form, content.
Section 417.412 - Termination of contract, procedure — service on contract not required, when.
Section 417.430 - Assignee of invention developer subject to all claims and defenses of customer.
Section 417.433 - Report in writing to be delivered quarterly to customer — content.
Section 417.436 - Invention developer law not exclusive subject to applicable laws.
Section 417.450 - Law how cited.
Section 417.453 - Definitions.
Section 417.457 - Damages for misappropriation — punitive damages awarded, when.
Section 417.459 - Court's duty in misappropriation, action to preserve secrecy of trade secret.
Section 417.465 - Purpose of the uniform law.
Section 417.467 - Effect of existing misappropriation prior to August 28, 1995.