This Intellectual Property Non Disclosure Agreement is essential when parties need to share sensitive intellectual property or confidential information while ensuring robust legal protection under Swiss law. It is particularly useful in situations involving technology transfer, research collaboration, business negotiations, or due diligence processes where intellectual property rights need to be protected. The agreement covers various forms of IP including patents, trade secrets, copyrights, and proprietary information, while incorporating specific provisions required under Swiss federal legislation. The document is designed to comply with Swiss Code of Obligations requirements and includes enforcement mechanisms available under Swiss jurisdiction, making it suitable for both domestic and international business relationships where strong IP protection is crucial.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, addresses, and registration details if applicable
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Intellectual Property Rights', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including specific types of IP covered
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Use: Specified purposes for which the confidential information may be used
7. Term and Survival: Duration of the agreement and which obligations survive termination
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Intellectual Property Rights: Confirmation that IP rights remain with the disclosing party and conditions for any licensed use
10. Breach and Remedies: Consequences of breach and available remedies under Swiss law
11. Governing Law and Jurisdiction: Specification of Swiss law as governing law and jurisdiction for disputes
1. Security Measures: Specific technical and organizational measures required for protecting confidential information, recommended for technology-heavy agreements
2. Employee and Representative Obligations: Requirements for ensuring compliance by employees and representatives, useful when information will be shared with team members
3. Export Control: Provisions regarding international transfer of information, necessary when parties are in different jurisdictions
4. Data Protection Compliance: Specific provisions for compliance with Swiss Federal Act on Data Protection, required when personal data is involved
5. Residual Information: Provisions regarding use of residual knowledge, recommended for consulting or service relationships
6. Non-Solicitation: Restrictions on soliciting employees or clients, useful in business relationship contexts
7. Competition Restrictions: Additional provisions regarding competitive activities, subject to Swiss competition law limitations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information
4. Appendix A - Form of Acknowledgment: Template for acknowledgment of confidentiality obligations by representatives or employees
5. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Confidential Information
Intellectual Property Rights
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Affiliate
Authorized Purpose
Authorized Representatives
Confidential Materials
Developed IP
Derivative Works
Effective Date
Technical Information
Know-How
Licensed Rights
Patent Rights
Pre-Existing IP
Representatives
Residual Information
Source Code
Technical Documentation
Term
Third Party
Background IP
Business Information
Confidential Data
Copyrights
Improvements
Innovation
Invention
Non-Disclosure Obligations
Permitted Use
Protected Information
Security Measures
Trademark Rights
Intellectual Property Rights
Trade Secrets
Proprietary Information
Disclosing Party
Receiving Party
Affiliate
Authorized Purpose
Authorized Representatives
Confidential Materials
Developed IP
Derivative Works
Effective Date
Technical Information
Know-How
Licensed Rights
Patent Rights
Pre-Existing IP
Representatives
Residual Information
Source Code
Technical Documentation
Term
Third Party
Background IP
Business Information
Confidential Data
Copyrights
Improvements
Innovation
Invention
Non-Disclosure Obligations
Permitted Use
Protected Information
Security Measures
Trademark Rights
Clauses
Confidentiality
Intellectual Property Rights
Use Restrictions
Information Protection
Term and Termination
Return of Information
Non-Disclosure
Permitted Disclosures
Security Measures
Breach Notification
Remedies
Indemnification
Governing Law
Jurisdiction
Assignment
Amendments
Severability
Entire Agreement
Survival
Notice Requirements
Representatives Obligations
Data Protection
Export Control
Non-Solicitation
Force Majeure
Waiver
Third Party Rights
Counterparts
Intellectual Property Rights
Use Restrictions
Information Protection
Term and Termination
Return of Information
Non-Disclosure
Permitted Disclosures
Security Measures
Breach Notification
Remedies
Indemnification
Governing Law
Jurisdiction
Assignment
Amendments
Severability
Entire Agreement
Survival
Notice Requirements
Representatives Obligations
Data Protection
Export Control
Non-Solicitation
Force Majeure
Waiver
Third Party Rights
Counterparts
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Research & Development
Manufacturing
Software Development
Financial Services
Healthcare
Engineering
Automotive
Aerospace
Chemical Industry
Electronics
Telecommunications
Professional Services
Relevant Teams
Legal
Research and Development
Innovation
Product Development
Intellectual Property
Business Development
Executive Leadership
Technology Transfer
Scientific Affairs
Corporate Development
Information Security
Compliance
Strategic Planning
Relevant Roles
Chief Technology Officer
Research Director
Intellectual Property Counsel
Legal Counsel
Innovation Manager
R&D Manager
Business Development Director
Patent Attorney
Chief Scientific Officer
Product Development Manager
Technology Transfer Officer
Investment Manager
Startup Founder
Managing Director
Head of Innovation
Chief Legal Officer
Research Scientist
Technical Consultant
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