The Non-Disclosure Agreement For Design Work is essential when engaging in any design-related project where confidential information needs to be shared between parties. This document is particularly relevant in the Australian business context, where protection of intellectual property and confidential information is governed by federal legislation including the Designs Act 2003 and Copyright Act 1968. It should be used whenever designers, design firms, or creative professionals need to access or share sensitive information such as product concepts, technical specifications, brand strategies, or proprietary design methodologies. The agreement ensures that all parties understand their obligations regarding confidentiality while facilitating the necessary exchange of information for successful design project completion. This document is specifically adapted to comply with Australian law and business practices, making it suitable for both domestic and international design collaborations where Australian law is the governing jurisdiction.
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1. Parties: Identification of the disclosing party and receiving party, including ABN/ACN
2. Background: Context of the design work and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Design Works', 'Intellectual Property Rights', 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the design context
5. Confidentiality Obligations: Core obligations regarding use, disclosure, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or contractors
7. Information Security Measures: Specific measures required to protect confidential information, including digital security
8. Intellectual Property Rights: Ownership and rights related to designs and derivative works
9. Return or Destruction of Information: Requirements for handling confidential information upon request or termination
10. Term and Termination: Duration of the agreement and termination provisions
11. General Provisions: Standard clauses including governing law, notices, and entire agreement
1. Subcontractors and Agents: Required when the designer may need to engage third parties in the design work
2. International Transfers: Needed when confidential information may be transferred across borders
3. Physical Samples and Prototypes: Include when physical design items will be shared
4. Digital Security Protocol: Detailed IT security requirements for digital design files and communications
5. Non-Competition: Optional restrictions on working with competitors, if appropriate and legally enforceable
6. Dispute Resolution: Specific procedures for handling disputes, particularly relevant for high-value design projects
7. Insurance Requirements: Professional indemnity and other insurance requirements for significant design projects
1. Schedule 1 - Description of Design Project: Detailed description of the design work and context for confidential information sharing
2. Schedule 2 - Specific Confidential Information: Itemized list of confidential materials, documents, and information to be shared
3. Schedule 3 - Authorized Representatives: Named individuals authorized to receive and handle confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and procedures for handling confidential information
5. Appendix A - Information Handling Procedures: Step-by-step procedures for managing, storing, and disposing of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Creative Services
Product Development
Industrial Design
Fashion and Apparel
Technology and Software
Architecture and Construction
Interior Design
Manufacturing
Automotive
Consumer Goods
Retail
Entertainment
Advertising and Marketing
Electronics
Aerospace
Medical Devices
Relevant Teams
Legal
Design
Creative
Product Development
Research & Development
Innovation
Brand Management
Technical Design
Production
Project Management
Intellectual Property
Operations
Engineering
Quality Assurance
Customer Experience
Relevant Roles
Design Director
Creative Director
Industrial Designer
Product Designer
UX Designer
Graphic Designer
Interior Designer
Fashion Designer
Design Manager
Project Manager
Design Engineer
Technical Designer
Design Consultant
Brand Manager
Creative Manager
Innovation Director
Design Coordinator
Production Manager
Research & Development Manager
Prototype Engineer
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