Proprietary information
Black’s Law Dictionary defines ‘proprietary’ as meaning:
- Of, or relating to, a proprietor.
- Of, relating to, or holding as property.
Proprietary information is information such as financial data, test results or trade secrets that is viewed as the holder’s property and that they wish to keep from becoming public knowledge.
For information to be considered proprietary, it should not be readily available in public sources, it should provide some sort of competitive advantage, and the company should take every reasonable step to maintain its confidentiality. This may include developing security systems to protect proprietary information from the increasing threat of cyber-hacking. More companies are now appointing information managers to assume responsibility for keeping such information safe and secure.
This can be an issue on construction projects, where members of the project team, or the client, may learn information that one party wishes to stay confidential. Submitting tender proposals for example may require the provision of detailed cost information, and descriptions of technologies and methodologies. This may include information that suppliers would not wish to be shared with their competitors.
As a result, organisations or employees with access to such information may be required to non-disclosure agreements or confidentiality agreements that can limit the use of ideas and information for a specific purpose for a certain period of time. They may protect information recorded in a certain form, perhaps marked as ‘confidential’, or they may protect information shared under certain circumstances, such as in presentations or meetings, or during the course of employment or consultancy. They can be used to prevent commercially sensitive information from being shared, or to prevent parties from communicating certain information to the press or other third parties.
Non-disclosure agreements can cover information such as:
- Intellectual property.
- Commercial or trading information.
- Technical drawings or designs.
- Business plans.
- Customer and potential customer lists.
- Mathematical and chemical formulae.
- Trade secrets which could include a formulae, programmes or processes.
- Personal information about individuals involved in a project
- Non-patentable know-how.
See Non-disclosure agreement for more information.
Some information may also be subject intellectual property rights such as; copyright, trademarks, patents, and other design rights.
Forms of appointment generally give the client a licence to use information such as a design for the purposes it was intended. This may include use of the design by other team members. The situation with Level 2 building information modelling is similar, but the position in relation to Level 3, where the entire team work on a single model is less clear.
See Intellectual property and Copyright for more information.
[edit] Related articles on Designing Buildings
- Appointing consultants.
- Assignment.
- Back-to-back provisions in construction contracts.
- Breach of contract.
- Contract conditions.
- Construction contract.
- Copyright.
- Design protection.
- Intellectual property.
- Non-disclosure agreement for building design and construction.
- Prejudice to commercial interests.
- Royalties.
- Trade secrets.
- Types of construction organisation.
[edit] External references
- Inc.com - Proprietary information
Featured articles and news
Investors in People: CIOB achieves gold
Reflecting a commitment to employees and members.
Scratching beneath the surface; a guide to selection.
ECA 2024 Apprentice of the Year Award
Entries open for submission until May 31.
UK gov apprenticeship funding from April 2024
Brief summary the policy paper updated in March.
For the World Autism Awareness Month of April.
70+ experts appointed to public sector fire safety framework
The Fire Safety (FS2) Framework from LHC Procurement.
Project and programme management codes of practice
CIOB publications for built environment professionals.
The ECA Industry Awards 2024 now open !
Recognising the best in the electrotechnical industry.
Sustainable development concepts decade by decade.
The regenerative structural engineer
A call for design that will repair the natural world.
Buildings that mimic the restorative aspects found in nature.
CIAT publishes Principal Designer Competency Framework
For those considering applying for registration as a PD.
BSRIA Building Reg's guidance: The second staircase
An overview focusing on aspects which most affect the building services industry.
Design codes and pattern books
Harmonious proportions and golden sections.
Introducing or next Guest Editor Arun Baybars
Practising architect and design panel review member.
Quick summary by size, shape, test, material, use or bonding..