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I signed an employment contract with my employer (in Canada) that included a non-disclosure agreement (I work in R&D). The agreement essentially stated that the information gained while I was employed would be kept confidential in perpetuity.

The company never got around to patenting or otherwise protecting my work before it went out of business. As far as I'm aware, there was no buyer, no employees went elsewhere, it's just liquidated and gone. Since the contract was between myself and the company - which no longer exists - am I free to disclose the results of my work there?

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  • For people saying it's a duplicate and voting to close : can you tell which question this is supposed to be a duplicate of ? Feb 7 at 14:37

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Yes, it’s still in effect

The NDA, like any other contract is an asset of the company. It doesn’t just vanish because the company is no more, it is now owned by the heirs and assignees of the company. These will be the creditors of the company if it was insolvent or the former shareholders if it wasn’t.

Now, they may not care that they own this contract or even know that they own it but it still exists and they could sue you if you break it.

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