The Confidentiality and Proprietary Rights Agreement is essential in today's business environment where protection of sensitive information and intellectual property is crucial for maintaining competitive advantage. This document is particularly relevant under Indonesian law, where specific regulations such as Law No. 30 of 2000 on Trade Secrets and various intellectual property laws govern the protection of confidential information and proprietary rights. It is commonly used when parties need to share sensitive information during business negotiations, joint ventures, service arrangements, or other collaborative efforts. The agreement establishes clear guidelines for handling confidential information, defines ownership of intellectual property, and provides mechanisms for enforcement under Indonesian jurisdiction. It's especially important given Indonesia's growing technology sector and increasing international business partnerships.
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1. Parties: Identification of all parties to the agreement, including their legal names, addresses, and company registration details
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Proprietary Rights', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Ownership of Proprietary Rights: Clear statement of ownership of existing and newly created intellectual property
6. Confidentiality Obligations: Detailed obligations regarding the protection, use, and non-disclosure of confidential information
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed and the procedures for such disclosure
8. Security Measures: Required security measures for protecting confidential information
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Survival: Obligations that continue after termination of the agreement
12. Remedies: Legal remedies available in case of breach, including injunctive relief
13. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Assignment of Intellectual Property: Used when new intellectual property is expected to be created during the relationship
2. Non-Competition: Include when there's a need to restrict competitive activities
3. Non-Solicitation: Add when protection against poaching of employees or customers is needed
4. Data Protection Compliance: Include when personal data processing is involved
5. Export Control: Add when confidential information may be subject to export control regulations
6. Force Majeure: Include when long-term obligations need protection against unforeseen circumstances
7. Insurance Requirements: Add when specific insurance coverage is required for handling confidential information
8. Audit Rights: Include when one party needs the right to audit the other's compliance
1. Schedule 1 - Description of Confidential Information: Detailed list of specific confidential information covered
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Security Protocols: Detailed security measures and procedures for protecting confidential information
4. Schedule 4 - Existing Intellectual Property: Inventory of pre-existing intellectual property rights
5. Appendix A - Notification Procedures: Procedures for required notifications under the agreement
6. Appendix B - Form of Non-Disclosure Agreement for Employees: Template NDA for employees who will have access to confidential information
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