The Confidentiality And Intellectual Property Agreement under Swiss law is essential for businesses and individuals engaging in relationships where sensitive information is shared and intellectual property may be created or exchanged. This document is particularly crucial in scenarios involving product development, research collaboration, business partnerships, or service engagements. It provides comprehensive protection under Swiss federal laws, including the Swiss Code of Obligations, Federal Act on Patents, and related IP legislation. The agreement typically addresses both the protection of confidential information and the allocation of intellectual property rights, making it suitable for various commercial relationships where innovation and proprietary information are involved. It can be customized to address specific needs while maintaining compliance with Swiss legal requirements and international standards for IP protection.
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1. Parties: Identification of the contracting parties with full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and/or creating IP
3. Definitions: Definitions of key terms including 'Confidential Information', 'Intellectual Property', 'Pre-Existing IP', and 'New IP'
4. Confidentiality Obligations: Core confidentiality provisions, including scope of confidential information, standard of care, and permitted uses
5. Intellectual Property Rights: Ownership and allocation of IP rights, including pre-existing IP and newly created IP
6. Term and Termination: Duration of the agreement and circumstances for termination
7. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
8. Non-Use and Non-Disclosure: Specific restrictions on use and disclosure of confidential information
9. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements
10. Security Measures: Required security measures for protecting confidential information
11. Breach and Remedies: Consequences of breach and available remedies under Swiss law
12. General Provisions: Standard provisions including governing law, jurisdiction, entire agreement, and amendments
1. Employee and Contractor Obligations: Used when agreement covers obligations regarding employees and contractors who may have access to confidential information or create IP
2. License Grants: Include when parties need specific licenses to use each other's IP or confidential information
3. Data Protection: Required when personal data processing is involved, ensuring compliance with Swiss data protection laws
4. Non-Competition: Optional restrictions on competitive activities, subject to Swiss law limitations
5. Assignment and Succession: Include for specific rules about transferability of rights and obligations
6. Export Control: Required when confidential information or IP is subject to export control regulations
7. Source Code Protection: Include for software-related agreements requiring specific source code protection measures
8. Moral Rights: Important for agreements involving copyrightable works where moral rights need specific attention under Swiss law
1. Schedule A - Description of Confidential Information: Detailed categorization and description of confidential information covered
2. Schedule B - Authorized Recipients: List of individuals or roles authorized to access confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols required for protecting confidential information
4. Schedule D - Pre-Existing IP: Inventory of each party's pre-existing IP brought to the relationship
5. Appendix 1 - Technical Specifications: Technical details or specifications relevant to the IP or confidential information
6. Appendix 2 - Contact Details: Key contacts for notices, security incidents, and agreement administration
Relevant legal definitions
Agreement
Affiliate
Authorized Purpose
Authorized Recipients
Background IP
Confidential Information
Data Protection Laws
Developed IP
Disclosing Party
Effective Date
Excluded Information
Foreground IP
Group
Intellectual Property Rights
Inventions
Know-How
Licensed IP
Materials
New IP
Personal Data
Pre-Existing IP
Project
Receiving Party
Representatives
Residual Information
Services
Technical Information
Term
Third Party
Trade Secrets
Works
Derivative Works
Moral Rights
Proprietary Information
Security Requirements
Source Code
Specifications
Swiss Data Protection Laws
Termination Date
Unauthorized Disclosure
Affiliate
Authorized Purpose
Authorized Recipients
Background IP
Confidential Information
Data Protection Laws
Developed IP
Disclosing Party
Effective Date
Excluded Information
Foreground IP
Group
Intellectual Property Rights
Inventions
Know-How
Licensed IP
Materials
New IP
Personal Data
Pre-Existing IP
Project
Receiving Party
Representatives
Residual Information
Services
Technical Information
Term
Third Party
Trade Secrets
Works
Derivative Works
Moral Rights
Proprietary Information
Security Requirements
Source Code
Specifications
Swiss Data Protection Laws
Termination Date
Unauthorized Disclosure
Clauses
Definitions
Scope of Agreement
Confidentiality Obligations
Permitted Use
Intellectual Property Rights
Pre-Existing IP
New IP Creation
IP Assignment
License Grants
Non-Disclosure
Security Measures
Return of Information
Data Protection
Term and Duration
Termination
Post-Termination Obligations
Breach Notification
Remedies
Indemnification
Representatives and Personnel
Notice Requirements
Assignment
Moral Rights
Trade Secrets Protection
Export Control
Employee Inventions
Non-Solicitation
Audit Rights
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Survival
Scope of Agreement
Confidentiality Obligations
Permitted Use
Intellectual Property Rights
Pre-Existing IP
New IP Creation
IP Assignment
License Grants
Non-Disclosure
Security Measures
Return of Information
Data Protection
Term and Duration
Termination
Post-Termination Obligations
Breach Notification
Remedies
Indemnification
Representatives and Personnel
Notice Requirements
Assignment
Moral Rights
Trade Secrets Protection
Export Control
Employee Inventions
Non-Solicitation
Audit Rights
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Severability
Entire Agreement
Amendment
Waiver
Counterparts
Survival
Relevant Industries
Technology
Biotechnology
Pharmaceutical
Manufacturing
Research & Development
Financial Services
Professional Services
Software Development
Healthcare
Engineering
Media & Entertainment
Telecommunications
Education
Consumer Products
Industrial Design
Artificial Intelligence
Clean Technology
Relevant Teams
Legal
Research & Development
Product Development
Information Technology
Innovation
Business Development
Intellectual Property
Information Security
Engineering
Design
Operations
Partnerships
Procurement
Executive Leadership
Human Resources
Technology Transfer
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Legal Officer
Research Director
Product Manager
Software Developer
Legal Counsel
Intellectual Property Manager
Business Development Manager
Innovation Director
Research Scientist
Technical Consultant
Project Manager
Design Engineer
Creative Director
Partnership Manager
Contract Manager
Information Security Officer
Research & Development Manager
Technology Transfer Officer
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