This Intellectual Property Non Disclosure Agreement is essential for businesses and individuals operating in Australia who need to protect sensitive intellectual property and confidential information during business discussions, negotiations, or collaborative projects. The agreement is designed to comply with Australian federal and state laws, including relevant intellectual property legislation, common law principles regarding confidential information, and privacy laws. It should be used whenever parties need to share sensitive information such as trade secrets, proprietary technology, business methods, or other confidential intellectual property. The document creates legally binding obligations for recipients to maintain confidentiality and restricts the use of shared information to specified purposes only. It is particularly crucial for commercial negotiations, joint ventures, potential partnerships, or when engaging with contractors, consultants, or potential investors.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the nature of the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information' and 'Intellectual Property'
4. Scope of Confidential Information: Clearly identifies what information is covered by the agreement and any exclusions
5. Obligations of Confidentiality: Details the core confidentiality obligations and permitted uses of the confidential information
6. Protection of Confidential Information: Specifies security measures required to protect the confidential information
7. Intellectual Property Rights: Confirms ownership of IP and that no IP rights are transferred under the agreement
8. Term and Termination: Specifies the duration of the agreement and circumstances for termination
9. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends
10. Breach and Remedies: Outlines consequences of breach and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Permitted Disclosures: Defines circumstances where disclosure is permitted (e.g., to employees, advisors, or as required by law). Include when the recipient needs to share information with specific third parties.
2. Non-Solicitation: Prevents poaching of employees or clients. Include when there's a risk of talent or client poaching.
3. Non-Competition: Restricts competitive activities. Include when sharing highly sensitive commercial information.
4. Residual Knowledge: Addresses use of non-confidential retained knowledge. Include when dealing with technical or professional services.
5. Data Protection: Specific obligations regarding personal data. Include when personal data is involved.
6. Export Control: Compliance with export control laws. Include when dealing with regulated technologies or international transfers.
7. Publicity: Restrictions on public announcements. Include when public disclosure of the relationship is sensitive.
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive the confidential information
3. Schedule 3 - Security Measures: Specific security protocols and requirements for protecting the information
4. Schedule 4 - Approved Purpose: Detailed description of the permitted use of the confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for authorized recipients to sign
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