Can a minor be a party in an NDA?
posted 3 years ago
The Disclosing Party in the NDA made a clause that all the generated ideas by him/her which are labelled confidential are the Disclosing Party's property and cannot be released without his/her consent.
It should be noted that in this case, the Disclosing party (Who had generated the ideas and continues to do so) is an underaged person. I am concerned that there might be a law regarding the state of Rhode Island that forbid underaged children to be the NDA's party even if a guardian would sign for him. Since our state is very poor with publishing this kind of information, I am not sure if noting exist in this regard or I have not found it.
If there is a ban for minors to be the party of this agreement, would adding the child's parent (who is over 18) to the members in the Disclosing Party prevent the court to nullify the agreement based on the fact that the Disclosing party cannot be a minor?
Also, if we add the guardian as the party, do the rights to the confidential information solely go to the guardian in the Disclosing Party?
It would be great if you could help me.
- Intellectual Property