Contractual Know-How Protection Before Starting a Business in Georgia

The agreement should clearly identify the parties and the permitted purpose of disclosure. Confidential information can be defined by categories, attachments, or a clear marking system. Information that is generally known, already lawfully in a party’s possession, or independently developed is usually treated separately. Use, reproduction, disclosure, and access by employees or engaged professionals should be limited to what is necessary. For business partners, it should be clear whether information may be shared with affiliates, advisers, or subcontractors. Within the founding team, co-founders, employees, and freelancers need clear obligations before their first access to the information. The confidentiality period should correspond to the value and expected period of secrecy of the relevant know-how. The return, deletion, and permitted retention of archival copies should be addressed for the end of discussions, contracts, or a working relationship. For contracts with an international connection, the parties should make a considered choice of governing law, competent court, or another dispute-resolution procedure. If the company does not yet exist when the agreement is signed, the person initially acting and the later assumption of the agreement by the founded company must be clearly provided for.