This Intellectual Property Non Disclosure Agreement is essential for businesses and individuals operating in Australia who need to protect sensitive intellectual property and confidential information during business discussions, negotiations, or collaborative projects. The agreement is designed to comply with Australian federal and state laws, including relevant intellectual property legislation, common law principles regarding confidential information, and privacy laws. It should be used whenever parties need to share sensitive information such as trade secrets, proprietary technology, business methods, or other confidential intellectual property. The document creates legally binding obligations for recipients to maintain confidentiality and restricts the use of shared information to specified purposes only. It is particularly crucial for commercial negotiations, joint ventures, potential partnerships, or when engaging with contractors, consultants, or potential investors.
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1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the nature of the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information' and 'Intellectual Property'
4. Scope of Confidential Information: Clearly identifies what information is covered by the agreement and any exclusions
5. Obligations of Confidentiality: Details the core confidentiality obligations and permitted uses of the confidential information
6. Protection of Confidential Information: Specifies security measures required to protect the confidential information
7. Intellectual Property Rights: Confirms ownership of IP and that no IP rights are transferred under the agreement
8. Term and Termination: Specifies the duration of the agreement and circumstances for termination
9. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends
10. Breach and Remedies: Outlines consequences of breach and available remedies
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Permitted Disclosures: Defines circumstances where disclosure is permitted (e.g., to employees, advisors, or as required by law). Include when the recipient needs to share information with specific third parties.
2. Non-Solicitation: Prevents poaching of employees or clients. Include when there's a risk of talent or client poaching.
3. Non-Competition: Restricts competitive activities. Include when sharing highly sensitive commercial information.
4. Residual Knowledge: Addresses use of non-confidential retained knowledge. Include when dealing with technical or professional services.
5. Data Protection: Specific obligations regarding personal data. Include when personal data is involved.
6. Export Control: Compliance with export control laws. Include when dealing with regulated technologies or international transfers.
7. Publicity: Restrictions on public announcements. Include when public disclosure of the relationship is sensitive.
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to receive the confidential information
3. Schedule 3 - Security Measures: Specific security protocols and requirements for protecting the information
4. Schedule 4 - Approved Purpose: Detailed description of the permitted use of the confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for authorized recipients to sign
Relevant legal definitions
Confidential Information
Intellectual Property
Intellectual Property Rights
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Authorized Purpose
Authorized Recipients
Related Bodies Corporate
Representatives
Permitted Use
Confidentiality Obligations
Disclosed
Effective Date
Term
Security Requirements
Personal Information
Derivative Information
Technical Information
Commercial Information
Business Information
Know-How
Material
Residual Information
Excluded Information
Breach
Affiliate
Subsidiary
Designated Representatives
Completion Date
Confidentiality Period
Permitted Disclosure
Third Party
Compliance Requirements
Intellectual Property
Intellectual Property Rights
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Authorized Purpose
Authorized Recipients
Related Bodies Corporate
Representatives
Permitted Use
Confidentiality Obligations
Disclosed
Effective Date
Term
Security Requirements
Personal Information
Derivative Information
Technical Information
Commercial Information
Business Information
Know-How
Material
Residual Information
Excluded Information
Breach
Affiliate
Subsidiary
Designated Representatives
Completion Date
Confidentiality Period
Permitted Disclosure
Third Party
Compliance Requirements
Clauses
Interpretation
Definitions
Confidentiality Obligations
Intellectual Property Rights
Use Restrictions
Security Measures
Term and Duration
Permitted Disclosures
Return of Information
Destruction of Information
Non-Competition
Non-Solicitation
Breach and Remedies
Indemnification
Warranties
Assignment
Survival
Severability
Notice Requirements
Governing Law
Jurisdiction
Entire Agreement
Amendment
Waiver
Force Majeure
Counterparts
Third Party Rights
Data Protection
Export Control
Publicity Restrictions
Definitions
Confidentiality Obligations
Intellectual Property Rights
Use Restrictions
Security Measures
Term and Duration
Permitted Disclosures
Return of Information
Destruction of Information
Non-Competition
Non-Solicitation
Breach and Remedies
Indemnification
Warranties
Assignment
Survival
Severability
Notice Requirements
Governing Law
Jurisdiction
Entire Agreement
Amendment
Waiver
Force Majeure
Counterparts
Third Party Rights
Data Protection
Export Control
Publicity Restrictions
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Research & Development
Professional Services
Financial Services
Entertainment & Media
Healthcare
Defense & Aerospace
Software Development
Consumer Products
Industrial Design
Energy & Resources
Telecommunications
Relevant Teams
Legal
Research & Development
Innovation
Product Development
Business Development
Executive Leadership
Human Resources
Information Technology
Procurement
Strategic Planning
Corporate Development
Intellectual Property
Commercial Operations
Engineering
Scientific Research
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Legal Officer
Research Director
Product Manager
Business Development Manager
Intellectual Property Lawyer
Corporate Counsel
Innovation Manager
Project Manager
Research Scientist
Technical Director
Commercial Manager
Investment Manager
Partnership Manager
Procurement Manager
HR Director
Strategy Consultant
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