Non Disclosure And Intellectual Property Rights Agreement Template for Malaysia

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Key Requirements PROMPT example:

Non Disclosure And Intellectual Property Rights Agreement

"I need a Non-Disclosure and Intellectual Property Rights Agreement for my Malaysian technology startup that will be working with an overseas software development contractor from India, with particular focus on protecting our AI algorithms and ensuring all developed code belongs to us."

Document background

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.

Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

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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