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IP Confidentiality Agreement

IP Confidentiality Agreement Template for Ireland

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Key Requirements PROMPT example:

IP Confidentiality Agreement

I need an IP Confidentiality Agreement under Irish law for my software development company to share our proprietary AI technology with a potential manufacturing partner in Dublin, with specific provisions for source code protection and remote access security.

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Document background
An IP Confidentiality Agreement is essential when parties need to share sensitive intellectual property or proprietary information while maintaining its confidentiality and legal protection. This document is particularly crucial in scenarios involving product development, research collaboration, business negotiations, or potential partnerships where valuable IP needs to be disclosed. Under Irish law, this agreement provides comprehensive protection aligned with both domestic legislation and EU regulations, including the European Union (Protection of Trade Secrets) Regulations 2018 and GDPR. The agreement is designed to protect various forms of intellectual property, including patents, trade secrets, proprietary technology, and confidential business information, while establishing clear obligations and remedies under Irish jurisdiction.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details

2. Background: Context of the agreement, purpose of sharing confidential information, and relationship between the parties

3. Definitions: Definition of Confidential Information, Intellectual Property Rights, and other key terms used throughout the agreement

4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information

5. Permitted Use: Specified purposes for which the confidential information may be used

6. Security Measures: Required security measures for protecting confidential information

7. Return or Destruction: Obligations regarding the return or destruction of confidential information upon request or termination

8. Duration and Survival: Term of the agreement and survival of obligations post-termination

9. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

10. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Data Protection: Specific provisions for handling personal data under GDPR - include when confidential information includes personal data

2. Intellectual Property Rights: Specific provisions regarding IP ownership and licenses - include when IP rights might be created or shared

3. Employee and Representative Obligations: Requirements for employees and representatives - include when information will be shared with team members

4. Export Control: Provisions regarding international transfer of information - include for cross-border arrangements

5. Publicity and Announcements: Restrictions on public announcements - include for high-profile or sensitive relationships

6. Insurance Requirements: Specific insurance obligations - include for high-value or high-risk information

7. Audit Rights: Rights to audit compliance - include for highly sensitive information or regulated industries

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed description or categories of confidential information covered

2. Schedule 2 - Authorized Recipients: List of authorized individuals or roles permitted to access the confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols required for protecting the information

4. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees or representatives

5. Appendix B - Data Processing Requirements: Specific requirements for processing personal data if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Confidential Information
Intellectual Property Rights
Disclosing Party
Receiving Party
Authorized Purpose
Authorized Recipients
Trade Secrets
Proprietary Information
Background IP
Foreground IP
Personal Data
Data Protection Laws
GDPR
Security Requirements
Permitted Use
Confidentiality Period
Effective Date
Representatives
Affiliate
Group Company
Know-How
Technical Information
Business Information
Developed IP
Licensed Materials
Confidentiality Undertaking
Security Breach
Disclosures
Working Day
Notice
Digital Materials
Source Code
Documentation
Proprietary Technology
Commercial Information
Research Data
Protected Information
Third Party Information
Derived Information
Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Software Development

Research & Development

Financial Services

Healthcare

Telecommunications

Professional Services

Education

Media & Entertainment

Industrial Design

Automotive

Aerospace

Relevant Teams

Legal

Research & Development

Innovation

Product Development

Business Development

Intellectual Property

Corporate Development

Engineering

Technology Transfer

Commercial Operations

Information Security

Compliance

Scientific Affairs

Relevant Roles

Chief Technology Officer

Research Director

IP Counsel

Legal Counsel

Business Development Manager

Product Manager

Innovation Manager

R&D Manager

Technical Director

Chief Executive Officer

Chief Innovation Officer

Patent Attorney

Licensing Manager

Project Manager

Development Engineer

Research Scientist

Technology Transfer Officer

Commercial Director

Industries
Industrial and Commercial Property (Protection) Act 1927: Foundational legislation for intellectual property protection in Ireland, establishing basic principles for IP rights and their enforcement
European Union (Protection of Trade Secrets) Regulations 2018: Implementation of EU Trade Secrets Directive, providing specific protection for trade secrets and confidential business information
General Data Protection Regulation (GDPR): EU regulation governing personal data protection, relevant when confidential information includes personal data
Data Protection Act 2018: Irish implementation of GDPR, providing local context and additional requirements for data protection
Copyright and Related Rights Act 2000: Governs copyright protection, which may be relevant for confidential materials that are also subject to copyright
Patents Act 1992: Relevant when confidential information includes potential patent applications or patentable innovations
Civil Law (Miscellaneous Provisions) Act 2011: Contains provisions affecting enforcement of confidentiality agreements and remedies for breach
European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011: Relevant when confidential information is transmitted electronically or stored in electronic form
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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