Skip to main content
TOMPW Service logo
TOMPW

Trust & Confidentiality

NDA, IP Protection and How Your Design Data Is Handled

Start with project scope, without confidential files. Our 5-step process requires a mutual NDA and written end-use declaration before design-data exchange, PDK access, quotations or capacity arrangements. The signed agreement and project statement govern confidentiality, data access and IP ownership.

The sequence

What happens before any design file moves

Five steps, in this order. The point of the order is that nothing sensitive is required until the paperwork that protects it is already in place.

01

Scope first, without files

Node, package, test and volume targets are enough for a first discussion. Nothing confidential is needed to establish whether a program is a fit.

02

Mutual NDA

A mutual non-disclosure agreement is signed before any design data, netlist, layout or PDK material is exchanged. It covers the parties and the affiliates and representatives who need to see the data — foundry, assembly and test houses included — so the whole delivery chain is bound, not just the first counterparty.

03

End-use declaration

A written end-use declaration is signed before any process design kit, quotation or capacity arrangement is released. This is a precondition, not a formality that follows later.

04

Project statement

The NDA carries a project statement that defines which data is shared, for which program and for which purpose. Work outside that statement is not covered and does not happen.

05

Then files move

Only after those steps: netlist or GDSII handover, PDK access, test vectors and the engineering discussion that goes with them.

Coverage

What the agreement actually says

Confidentiality period

Five years from the date of disclosure, with information that qualifies as a trade secret protected for as long as it remains one.

Your IP stays yours

Ownership of the designs, netlists, layouts, test programs and any IP you bring to the program remains with you. The engagement transfers no ownership.

No reuse

Design data supplied for one program is not used for any other program or any other customer, and is not used to build competing blocks or derivative designs.

Named recipients only

Access is limited to the engineers working on the program. Each downstream party receives only the material its own step requires.

Downstream chain is bound

Foundry, assembly and test partners handle the material under their own confidentiality obligations, and receive only the subset needed for their step of the work.

Return or destruction

Confidential material is returned or destroyed at the close of the program, or earlier on written request.

Disputes under the agreement are resolved by arbitration in Singapore under SIAC rules, in English, before a single arbitrator — a neutral forum chosen because our customers and our suppliers sit in different jurisdictions.

End-use

Export control is a precondition, not a footnote

  • A written end-use declaration is signed before any PDK, quotation or capacity arrangement is released.
  • End-user and destination are screened before technical material is shared, not after.
  • Defence end-use and sanctioned destinations are reviewed case by case and may be declined.
  • Nothing on this page is legal advice. The executed agreement governs.

Handling

How the files are handled day to day

  • Design data is exchanged only after the NDA is signed, and only the material the project statement defines.
  • Each downstream party receives the subset its own step requires — the assembly house does not receive your full design database.
  • Project files are not used for marketing. Case material published on this site appears only in de-identified form, with no client name, contract term or price.
  • Material is returned or destroyed at program close, or earlier on written request.

Scope of this page

What we are not claiming

No certification claims

We do not publish ISO, RoHS or REACH registration numbers we do not hold. If a program requires documented certification, ask and we will tell you what exists.

No legal advice

Export-control obligations depend on your product, your end customer and your jurisdiction. This page describes our process; your counsel decides your position.

The signed agreement wins

This is a plain-language summary. Where it differs from the executed NDA and its project statement, those documents govern.

Quick answers

Questions buyers ask before the first file transfer

+Do you sign an NDA before receiving my GDSII or netlist?

Yes. A mutual NDA is signed before any design data is exchanged, and a written end-use declaration is signed before any process design kit, quotation or capacity arrangement is released. In practice that means the first technical discussion happens on scope — node, package, test, volume — without any files changing hands.

+Who else will see my design data?

Only the parties required to execute the program: the foundry, the assembly house and the test house, each receiving only the subset its step needs, each under its own confidentiality obligations. The NDA covers affiliates and representatives so the chain is bound end to end. Access inside the program is limited to the engineers working on it.

+What happens if my program has export-control constraints?

End-use and end-user are screened before technical material is released, and a written end-use declaration is a precondition for any PDK, quote or capacity arrangement. Programs with defence end-use, or with a destination subject to sanctions, are reviewed case by case and may be declined. This page describes our process; it is not legal advice, and the executed agreement governs.

+Is the information on this page the contract itself?

No. This page is a plain-language summary of how the process runs. The signed NDA and its project statement are the governing documents, and their terms prevail over anything described here.

Next step

Ask for the draft before you send anything

The fastest check is to read the actual agreement. Email us and we will send the draft NDA and the end-use declaration template — before any files, before any quote, before any commitment on either side.