The Non-Disclosure and Intellectual Property Rights Agreement is essential for business relationships in the Philippines where parties need to share confidential information and protect intellectual property rights. This document is commonly used when engaging contractors, employees, or business partners who will have access to sensitive information and may create intellectual property during their engagement. It ensures compliance with Philippine legislation, including the Intellectual Property Code (RA 8293) and Data Privacy Act (RA 10173). The agreement serves dual purposes: protecting confidential information from unauthorized disclosure and establishing clear ownership and assignment of intellectual property rights created during the business relationship. It's particularly important in industries involving innovation, creative works, or proprietary technology.
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1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and any relevant registration numbers
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information and/or creating intellectual property
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Intellectual Property Rights', 'Works', 'Inventions', and other relevant terms
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
6. Intellectual Property Rights Assignment: Assignment and transfer of IP rights created during the relationship, including works, inventions, and improvements
7. Pre-existing IP: Recognition and protection of pre-existing intellectual property rights of each party
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. General Provisions: Standard contractual terms including governing law, jurisdiction, and entire agreement provisions
1. Moral Rights: Specific provisions addressing moral rights under Philippine IP law, particularly relevant for creative works
2. Data Privacy Compliance: Additional provisions when personal data is involved, ensuring compliance with the Data Privacy Act
3. Non-Competition: Restrictions on competitive activities, if relevant to the relationship
4. Non-Solicitation: Restrictions on soliciting employees or customers, if relevant to the business relationship
5. Specific Project Terms: Details of specific projects or work arrangements when the agreement relates to particular initiatives
6. Export Control: Provisions regarding export control laws when dealing with international transfers of technology or information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Specific IP Rights: Detailed description of intellectual property rights being assigned or licensed
3. Schedule 3 - Approved Third Party Recipients: List of pre-approved third parties who may receive confidential information
4. Schedule 4 - Security Protocols: Specific security measures and protocols for handling confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for employees or third parties who will access confidential information
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Relevant legal definitions
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Relevant Industries
Technology
Healthcare
Manufacturing
Professional Services
Research & Development
Entertainment & Media
Financial Services
Biotechnology
Telecommunications
Education
Retail
Software Development
Pharmaceutical
Engineering
Creative Industries
Relevant Teams
Legal
Human Resources
Research and Development
Information Technology
Product Development
Innovation
Creative Services
Engineering
Business Development
Procurement
Operations
Executive Leadership
Project Management
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Legal Counsel
Intellectual Property Manager
Research Director
Software Engineer
Product Manager
Creative Director
Business Development Manager
Human Resources Director
Innovation Manager
Project Manager
Technical Consultant
Content Creator
Research Scientist
Design Engineer
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