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As we've mentioned, NDAs cannot be used to prevent employees from disclosing information about workplace harassment, discrimination, or other cases that involve unlawful acts. Protected classes under this law include gender, national origin, race, disability, and religion.
Intellectual Property Law includes patents, copyrights, trademarks, and trade secrets.
In California today, NDAs still carry validity and soundness in court so long as they are executed precisely, legally, and firmly; however, there are some circumstances in which an NDA may not be upheld due to SB820 and the expansions formed in SB331 (discussed above).
The law makes it illegal to enforce an NDA that would prevent a sexual harassment or assault victim from speaking out about their allegations. The law makes it clear that it applies to any claim that is filed after the date that the bill was signed into law, regardless of when the NDA was dated.
To obtain a patent in the U.S., the inventor must file a patent application with the United States Patent and Trademark Office (USPTO), which includes (1) a written document comprising a description and claims, (2) drawings when necessary, (3) an oath or declaration, and (4) filing, search, and examination fees.
An individual or company owns its intellectual property unless the IP is transferred under contract. Someone else who doesn't own the IP may use it only if they're given written permission.
While Washington and California have passed Silenced No More Acts, other states, including New York, Illinois, New Jersey and Oregon, have enacted their own NDA-narrowing provisions that cover all forms of employment discrimination.
Some of these laws (e.g., New Jersey) prevent employers from enforcing an NDA against an employee only prospectively, while other state laws (such as Maine's) make most existing NDAs unenforceable as well (unless entered into as the result of a compensated settlement).