This NDA For Intellectual Property is designed for use in situations where parties need to share sensitive intellectual property-related information while maintaining strict confidentiality under New Zealand law. It is particularly relevant for business negotiations, research collaborations, technology transfers, and product development partnerships where valuable IP assets need protection. The document encompasses various forms of intellectual property including patents, trade secrets, copyright materials, and proprietary technologies, while incorporating specific requirements of New Zealand IP legislation and contract law. It provides comprehensive protection for both established IP and potential future developments, making it suitable for both early-stage discussions and detailed collaborative projects. The agreement includes specific provisions for different types of IP assets and can be customized based on the nature of the intellectual property being protected.
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1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and company details
2. Background: Context of the agreement, purpose of sharing confidential information, and general relationship between the parties
3. Definitions: Detailed definitions including 'Confidential Information', 'Intellectual Property Rights', 'Permitted Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, with specific focus on IP-related elements
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Uses and Disclosure: Specific permitted uses of the confidential information and conditions for disclosure to authorized personnel
7. IP Rights and Ownership: Clear statement of IP ownership, including any pre-existing IP and newly created IP
8. Security Measures: Required security measures for protecting confidential information and IP
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination
11. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief
12. General Provisions: Standard provisions including governing law, jurisdiction, and entire agreement
1. Non-Competition: Restrictions on competitive activities, used when there's risk of business competition
2. Non-Solicitation: Restrictions on soliciting employees or customers, included when business relationships need protection
3. Reverse Engineering: Specific prohibitions on reverse engineering, included when dealing with technical IP
4. Export Control: Compliance with export control laws, needed when IP might be subject to international transfers
5. Publicity and Announcements: Restrictions on public announcements, included for high-profile or sensitive relationships
6. Insurance Requirements: Specific insurance requirements, included for high-value IP or high-risk situations
7. Audit Rights: Rights to audit compliance, included when dealing with highly sensitive IP
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information and IP assets covered
2. Schedule 2 - Authorized Personnel: List of authorized personnel who may access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting the IP
4. Schedule 4 - Permitted Purpose Details: Detailed description of the permitted purpose and allowed uses of the IP
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for authorized personnel to sign
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