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Nex & phister​

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Law & IP​


​Do you rely on CDA/NDA before a Collaboration Agreement is signed?

A Confidentiality Agreement/Non-Disclosure Agreement (CDA/NDA) is often used when information is shared and to prevent a potential collaboration partner from patenting or publishing confidential information shared.

However, a CDA/NDA should not be a tool used to replace the filing of an application to secure your IP rights, such as a patent application and/or a design application. It is important to secure your rights by filing such an IP application before any knowledge sharing.

If a CDA/NDA ​is in place but an IP application is not filed, the sharing of knowledge can become an obstacle and make the protection of your IP problematic and in some instances make it impossible to obtain your own valid IP protection. The sharing of knowledge between parties not having a collaboration agreement in place regulating all IP rights will in many instances result in no IP protection at all.

Even if a CDA/NDA is in place, an unintentional publication by the other party may ruin your success of getting IP protection for your invention. Means for dealing with such a situation do exist in various countries, such as grace periods, however, one cannot rely on this for sure, and each country has different rules for applying such a grace period.

Please contact us if you can recognize the situation outlined above to improve your chance of getting your IP protected.

Lars Bo Kjerrumgaard

European Patent Attorney

We consider them a very valuable asset and crucial for our business in developing known drugs for new uses and formulations, and when we are partnering with big pharma they know how to handle this.

Solural Pharma ApS


As a small but growing biotech we have to rely on patent and IP professionals that know what they are doing. They have established an outstanding circle of trust among our researches and development teams, very strong on strategic IP matters and they have handled our IPO strategy to our great satisfaction.

Galecto Inc


Nex & Phister Law & IP have become an extended integral part of the team, providing excellent strategic advice based on a deep understanding of our business and our company goals. They bring many years of industry experience from in-house counseling in pharma & biotech, and a close connection with the biotech environment.

Cyxone AB


NEX & PHISTER LAW & IP should be seen as a highly specialized and estimated sparring partner within all aspects of IPR where great emphasis is placed on personal advice and a high degree of expertise.


Contact information


Ole Maaløes Vej 3, 2200 Copenhagen

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Phone: +45 30 50 38 78