This Non-Disclosure and Intellectual Property Rights Agreement is essential for businesses operating in Malaysia who need to protect their confidential information while establishing clear ownership and usage rights for intellectual property. The document is particularly relevant when engaging with external parties, hiring key employees, or entering into collaborative business relationships where sensitive information needs to be shared and new IP may be created. It ensures compliance with Malaysian intellectual property laws and confidentiality requirements while providing clear mechanisms for enforcement. The agreement is structured to protect both parties' interests while facilitating necessary business interactions and innovation.
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1. Parties: Identification and details of the parties entering into the agreement
2. Background: Context of the agreement, relationship between parties, and purpose of the arrangement
3. Definitions: Detailed definitions of key terms including Confidential Information, Intellectual Property Rights, and other relevant terms
4. Scope of Agreement: Overall scope and territory of the agreement's application
5. Confidentiality Obligations: Detailed obligations regarding the protection, use, and disclosure of confidential information
6. Intellectual Property Rights: Ownership, assignment, and protection of existing and new IP rights
7. Permitted Disclosures: Circumstances under which confidential information may be disclosed
8. Security Measures: Required measures to protect confidential information and IP
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination
10. Duration and Termination: Term of the agreement and termination provisions
11. Remedies: Available remedies in case of breach
12. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Employee and Contractor Obligations: Additional provisions specific to employees or contractors, used when the agreement covers workforce relationships
2. International Transfer Provisions: Specific provisions for cross-border transfer of information or IP, used for international agreements
3. Data Protection Compliance: Specific provisions relating to personal data protection, used when personal data is involved
4. Special Industry Requirements: Industry-specific confidentiality and IP provisions, used for regulated industries
5. Research and Development Provisions: Specific provisions for R&D activities, used when parties are engaged in research or development
6. Escrow Arrangements: Provisions for source code or other sensitive material escrow, used in technology-related agreements
7. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, used in agreements between competitors or market leaders
1. Schedule 1 - Designated Confidential Information: Detailed list or categories of information designated as confidential
2. Schedule 2 - Existing Intellectual Property: Inventory of pre-existing IP rights owned by each party
3. Schedule 3 - Security Protocols: Detailed security measures and protocols to be followed
4. Schedule 4 - Authorized Representatives: List of individuals authorized to receive or handle confidential information
5. Schedule 5 - Permitted Purpose: Detailed description of the permitted use of confidential information and IP
6. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by employees/contractors
7. Appendix B - Data Processing Requirements: Specific requirements for processing any personal or sensitive data
Relevant legal definitions
Agreement
Affiliate
Background Intellectual Property
Business Day
Confidential Information
Copyright
Disclosing Party
Effective Date
Foreground Intellectual Property
Industrial Design
Intellectual Property Rights
Licensed Rights
Patent
Permitted Purpose
Receiving Party
Representatives
Security Requirements
Trade Mark
Trade Secret
Technical Information
Know How
Authorized Person
Confidentiality Period
Disclosure Notice
Documentation
Intellectual Property License
Material Breach
Notice
Patent Rights
Proprietary Information
Related Corporation
Restricted Period
Territory
Affiliate
Background Intellectual Property
Business Day
Confidential Information
Copyright
Disclosing Party
Effective Date
Foreground Intellectual Property
Industrial Design
Intellectual Property Rights
Licensed Rights
Patent
Permitted Purpose
Receiving Party
Representatives
Security Requirements
Trade Mark
Trade Secret
Technical Information
Know How
Authorized Person
Confidentiality Period
Disclosure Notice
Documentation
Intellectual Property License
Material Breach
Notice
Patent Rights
Proprietary Information
Related Corporation
Restricted Period
Territory
Clauses
Interpretation
Confidentiality Obligations
Permitted Disclosures
Information Security
Intellectual Property Ownership
IP License Grant
IP Registration
Assignment of Rights
Protection of Rights
Return of Information
Non-Competition
Non-Solicitation
Duration
Termination
Remedies
Indemnification
Force Majeure
Governing Law
Dispute Resolution
Notices
Assignment
Severability
Entire Agreement
Variation
Counterparts
Third Party Rights
Costs
Waiver
Confidentiality Obligations
Permitted Disclosures
Information Security
Intellectual Property Ownership
IP License Grant
IP Registration
Assignment of Rights
Protection of Rights
Return of Information
Non-Competition
Non-Solicitation
Duration
Termination
Remedies
Indemnification
Force Majeure
Governing Law
Dispute Resolution
Notices
Assignment
Severability
Entire Agreement
Variation
Counterparts
Third Party Rights
Costs
Waiver
Relevant Industries
Technology and Software Development
Manufacturing and Industrial
Research and Development
Healthcare and Biotechnology
Financial Services
Professional Services
Education and Training
Telecommunications
Energy and Utilities
Electronics and Semiconductor
Aerospace and Defense
Consumer Products
Creative Industries
Relevant Teams
Legal
Research and Development
Product Development
Human Resources
Information Technology
Innovation
Engineering
Business Development
Executive Leadership
Procurement
Technical Operations
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Research Director
Product Manager
Legal Counsel
Intellectual Property Manager
Business Development Manager
Human Resources Director
Innovation Manager
Project Manager
Software Developer
Research Scientist
Design Engineer
Technical Consultant
Commercial Director
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