The Intellectual Property Non Disclosure Agreement is essential for businesses and individuals operating in India who need to protect their intellectual property and confidential information during business relationships, negotiations, or collaborations. This document is particularly crucial given India's growing innovation ecosystem and the need to protect various forms of IP including patents, copyrights, trade secrets, and proprietary information. The agreement complies with Indian legal requirements, including the Indian Contract Act, 1872, and various IP protection laws. It's commonly used in situations involving technology transfer, joint ventures, employee-employer relationships, consultant engagements, and business partnerships where sensitive IP information needs to be shared. The document includes comprehensive provisions for both physical and digital IP protection, making it suitable for modern business environments while ensuring enforceability under Indian jurisdiction.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and company registration details if applicable
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Intellectual Property Rights', 'Trade Secrets', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and IP under this agreement
5. Obligations of Receiving Party: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Security Measures: Specific measures required to protect confidential information and IP
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival: Obligations that continue after termination of the agreement
11. Remedies: Legal remedies available in case of breach, including injunctive relief
12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes
13. Entire Agreement: Standard boilerplate confirming this is the complete agreement between parties
14. Execution: Signature blocks and execution formalities
1. Non-Compete Provisions: Additional restrictions on competition, used when there's a specific need to prevent competitive activities
2. Assignment Rights: Terms regarding the right to assign the agreement, included when assignment possibilities need to be addressed
3. Non-Solicitation: Prevents solicitation of employees or customers, included when relevant to business relationship
4. Separate IP Assignment: Additional provisions for IP assignment if new IP might be created during the relationship
5. Digital Security Measures: Specific provisions for digital security when confidential information is primarily in digital form
6. Export Control: Include when dealing with technology or information subject to export control regulations
7. Force Majeure: Protection against unforeseen circumstances, included when long-term obligations exist
8. Insurance Requirements: Specific insurance obligations, included for high-value IP or when required by corporate policies
1. Schedule A - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Detailed security measures and protocols to be followed
4. Schedule D - Approved Purpose: Detailed description of the purpose for which confidential information may be used
5. Appendix 1 - Form of Acknowledgment: Template for acknowledgment by employees or third parties who will access confidential information
6. Appendix 2 - Data Destruction Certificate: Template certificate confirming destruction of confidential information
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