The Design NDA is essential for businesses and individuals operating in Malaysia who need to protect confidential design-related information during business negotiations, product development, or collaborative projects. This document type is particularly crucial in situations where unique design elements, technical specifications, prototypes, or manufacturing processes need to be shared with third parties. The agreement ensures compliance with Malaysian legal requirements, including the Contracts Act 1950 and Industrial Designs Act 1996, while providing robust protection for intellectual property rights. It's commonly used before commencing design projects, entering manufacturing agreements, or during product development phases where proprietary design information needs to be disclosed.
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1. Parties: Identification of the disclosing party (design owner) and receiving party, including full legal names and registered addresses
2. Background: Context of the design project and purpose of sharing confidential design information
3. Definitions: Key terms including 'Confidential Information', 'Design Materials', 'Prototype', 'Technical Specifications', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential design information, including drawings, prototypes, specifications, and manufacturing processes
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of the confidential design information
6. Security Measures: Required security measures for protecting design materials and confidential information
7. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential design information upon agreement termination
8. Intellectual Property Rights: Confirmation that IP rights remain with the disclosing party and no rights are transferred
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Permitted Disclosures: Used when certain disclosures to third parties (such as manufacturers or design subcontractors) may be necessary
2. Non-Competition: Include when there's a need to prevent the receiving party from competing in related design areas
3. Publicity: Include when there's a need to control public announcements or references to the design collaboration
4. Insurance: Include when dealing with valuable designs requiring specific insurance coverage
5. Residual Knowledge: Used when allowing for the use of non-confidential general knowledge gained during the project
6. Export Control: Include when designs may be subject to export control regulations
1. Schedule 1 - Design Materials: Detailed list of specific design materials, drawings, and documents covered by the NDA
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential design information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling design materials
4. Appendix A - Permitted Purpose: Detailed description of the specific project or purpose for which the design information is shared
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Confidential Information
Design Materials
Technical Specifications
Prototype
Design Documents
Intellectual Property Rights
Permitted Purpose
Authorized Representatives
Design Works
Manufacturing Process
Technical Data
Design Specifications
Trade Secrets
Computer Aided Design
Industrial Design
Design Tools
Effective Date
Disclosing Party
Receiving Party
Affiliate
Confidentiality Period
Security Measures
Design Project
Protected Information
Design Rights
Working Day
Destruction Certificate
Design Brief
Design Concepts
Technical Drawings
Design Materials
Technical Specifications
Prototype
Design Documents
Intellectual Property Rights
Permitted Purpose
Authorized Representatives
Design Works
Manufacturing Process
Technical Data
Design Specifications
Trade Secrets
Computer Aided Design
Industrial Design
Design Tools
Effective Date
Disclosing Party
Receiving Party
Affiliate
Confidentiality Period
Security Measures
Design Project
Protected Information
Design Rights
Working Day
Destruction Certificate
Design Brief
Design Concepts
Technical Drawings
Clauses
Confidentiality
Intellectual Property
Use Restrictions
Security Measures
Return of Materials
Non-Disclosure
Term and Duration
Permitted Disclosures
Breach and Remedies
Governing Law
Design Protection
Data Protection
Third Party Disclosure
Survival
Assignment
Notice Requirements
Severability
Entire Agreement
Amendment
Dispute Resolution
Force Majeure
Indemnification
Termination
Representation and Warranties
Intellectual Property
Use Restrictions
Security Measures
Return of Materials
Non-Disclosure
Term and Duration
Permitted Disclosures
Breach and Remedies
Governing Law
Design Protection
Data Protection
Third Party Disclosure
Survival
Assignment
Notice Requirements
Severability
Entire Agreement
Amendment
Dispute Resolution
Force Majeure
Indemnification
Termination
Representation and Warranties
Relevant Industries
Manufacturing
Industrial Design
Fashion and Apparel
Technology
Consumer Products
Automotive
Electronics
Furniture and Home Goods
Aerospace
Medical Devices
Packaging
Architecture
Interior Design
Jewelry and Accessories
Telecommunications
Relevant Teams
Legal
Design
Product Development
Research and Development
Engineering
Manufacturing
Innovation
Quality Assurance
Intellectual Property
Technical Documentation
Project Management
Procurement
Relevant Roles
Product Designer
Industrial Designer
Design Director
Chief Design Officer
Design Engineer
Product Development Manager
Creative Director
Technical Designer
Manufacturing Engineer
Design Project Manager
Prototype Developer
Design Consultant
Research and Development Director
Innovation Manager
Design Coordinator
CAD Designer
Design Quality Manager
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