This Product Design NDA template is essential for businesses engaging in product design activities in Malaysia, where protection of design-related intellectual property is crucial. The document is specifically crafted to comply with Malaysian legal requirements, including the Contracts Act 1950 and Industrial Designs Act 1996, while addressing the unique challenges of protecting product design information. It should be used whenever parties need to share sensitive design-related information such as technical drawings, prototypes, manufacturing specifications, or innovative design concepts. This NDA Product Design agreement is particularly relevant for businesses operating in Malaysia's growing manufacturing and design sectors, providing comprehensive protection for both digital and physical design assets while ensuring enforceability under Malaysian law.
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1. Parties: Identification of the disclosing party (typically the product design company) and receiving party, including full legal names and registered addresses
2. Background: Context of the agreement, explaining the purpose of sharing confidential product design information
3. Definitions: Key terms including 'Confidential Information', 'Product Design', 'Prototypes', 'Technical Specifications', and 'Intellectual Property Rights'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the product design context
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Use: Specific allowed uses of the confidential information related to the product design project
7. Term and Survival: Duration of the agreement and obligations that continue after termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon project completion or termination
9. Intellectual Property Rights: Confirmation that IP rights remain with the disclosing party
10. Breach and Remedies: Consequences of breach and available legal remedies
11. Governing Law and Jurisdiction: Specification of Malaysian law and jurisdiction
1. Third Party Disclosure: Include when the receiving party may need to share information with approved contractors or consultants
2. Export Control: Include when the product design might be subject to international export regulations
3. Insurance Requirements: Include when specific insurance coverage is required for handling valuable design information
4. Non-Solicitation: Include to prevent poaching of employees involved in the product design
5. Publicity: Include when there's a need to specify rules about public announcements or references to the project
6. Data Protection: Include when personal data might be involved in the product design process
1. Schedule 1: Specific Product Design Information: Detailed list of product design elements covered by the NDA
2. Schedule 2: Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3: Security Protocols: Specific procedures for handling and storing confidential design information
4. Appendix A: Confidential Information Handling Procedures: Detailed procedures for marking, storing, and transmitting confidential information
5. Appendix B: Form of Acknowledgment: Template for additional parties to acknowledge and agree to the NDA terms
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