The Confidentiality and Intellectual Property Agreement is essential for protecting sensitive business information and intellectual property rights in various commercial and employment relationships under New Zealand law. This document is typically used when parties need to share confidential information or create intellectual property in the course of their relationship, whether in employment, consulting, or business partnership contexts. It addresses crucial aspects such as trade secrets, proprietary information, creative works, inventions, and innovations, ensuring compliance with New Zealand's intellectual property and privacy legislation. The agreement is particularly relevant in today's knowledge-based economy where intellectual property and confidential information are critical business assets requiring robust legal protection.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property', and 'Permitted Purpose'
4. Confidentiality Obligations: Details the obligations to maintain confidentiality, including use restrictions, security measures, and permitted disclosures
5. Intellectual Property Rights: Establishes ownership of existing and new IP, including assignments, licenses, and moral rights
6. Duration and Survival: Specifies the term of the agreement and which obligations survive termination
7. Return of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
8. Breach and Remedies: Outlines consequences of breach and available remedies, including injunctive relief
9. General Provisions: Standard contractual terms including governing law, entire agreement, and variation
1. Third Party Disclosure: Additional provisions for when confidential information may need to be shared with third parties like contractors or advisors
2. International Transfer: Specific provisions for cross-border transfer of confidential information and IP rights
3. Independent Contractor: Clarification of relationship status when agreement is with contractors rather than employees
4. Competitive Activity: Non-compete and non-solicitation provisions where relevant to protect business interests
5. Moral Rights: Specific handling of moral rights in copyright works, particularly relevant for creative industries
6. Data Protection: Additional privacy and data protection obligations when personal information is involved
7. Source Code Protection: Special provisions for protecting software source code and related materials in tech industry contexts
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the confidentiality obligations
2. Schedule 2 - Existing Intellectual Property: Inventory of pre-existing IP owned by each party that is excluded from the agreement
3. Schedule 3 - Approved Recipients: List of individuals or roles authorized to receive confidential information
4. Schedule 4 - Security Procedures: Specific security measures and protocols for handling confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for third parties who may need access to information
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