The Invention Confidentiality Agreement is a crucial legal instrument used when an inventor or organization needs to share sensitive information about an invention with another party while maintaining confidentiality. This document is particularly important in the Nigerian context, where intellectual property protection must align with local laws including the Patents and Designs Act and common law principles. The agreement is typically used during business negotiations, potential partnerships, investment discussions, or when seeking technical evaluation of an invention. It contains specific provisions for protecting the confidential information, defining permitted uses, establishing security protocols, and outlining remedies under Nigerian law. The document is essential for protecting intellectual property rights before patent applications are filed or in cases where aspects of the invention may not be patentable but still constitute valuable trade secrets.
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1. Parties: Identification of the disclosing party (inventor) and receiving party, including full legal names, addresses, and registration details if companies
2. Background: Context of the disclosure, relationship between parties, and purpose of sharing the confidential information
3. Definitions: Key terms including 'Confidential Information', 'Invention', 'Permitted Purpose', 'Representatives', and 'Term'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, including all aspects of the invention
5. Obligations of Confidentiality: Core confidentiality obligations, standards of care, and permitted uses of the confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed to representatives or required by law
7. Protection Measures: Specific security measures required to protect the confidential information
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Duration and Termination: Term of the agreement and survival of obligations post-termination
10. Breach and Remedies: Consequences of breach, including injunctive relief and damages
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation
1. Intellectual Property Rights: Section clarifying ownership and protection of IP rights, particularly important if any improvements or modifications might be made to the invention
2. Non-Competition: Restrictions on competing activities, only included where specifically required and enforceable
3. Assignment and Subcontracting: Rules about transferring rights under the agreement, included for corporate recipients
4. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value inventions
5. Government Reporting: Procedures for mandatory government disclosures, relevant for regulated industries
6. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, important for technical inventions
7. Export Control: Compliance with export control laws, necessary for inventions with international implications
1. Schedule 1 - Description of the Invention: Detailed technical description of the invention and related confidential information
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling the confidential information
4. Schedule 4 - Disclosure Log: Template for recording all disclosures of the confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for authorized representatives to sign
Relevant legal definitions
Agreement
Confidential Information
Invention
Disclosing Party
Receiving Party
Affiliates
Authorized Purpose
Authorized Representatives
Business Day
Commencement Date
Confidentiality Obligations
Disclosures
Effective Date
Intellectual Property Rights
Permitted Disclosures
Protected Information
Representatives
Security Protocols
Term
Third Party
Trade Secrets
Technical Information
Proprietary Information
Know-How
Unauthorized Disclosure
Working Hours
Confidentiality Period
Related Rights
Improvements
Derivative Works
Background IP
Evaluation Period
Material Breach
Permitted Use
Residual Information
Security Measures
Sensitive Information
Associated Rights
Confidential Information
Invention
Disclosing Party
Receiving Party
Affiliates
Authorized Purpose
Authorized Representatives
Business Day
Commencement Date
Confidentiality Obligations
Disclosures
Effective Date
Intellectual Property Rights
Permitted Disclosures
Protected Information
Representatives
Security Protocols
Term
Third Party
Trade Secrets
Technical Information
Proprietary Information
Know-How
Unauthorized Disclosure
Working Hours
Confidentiality Period
Related Rights
Improvements
Derivative Works
Background IP
Evaluation Period
Material Breach
Permitted Use
Residual Information
Security Measures
Sensitive Information
Associated Rights
Clauses
Interpretation
Definitions
Confidentiality Obligations
Permitted Use
Information Protection
Security Measures
Disclosure Restrictions
Return of Information
Intellectual Property Rights
Non-Competition
Term and Termination
Breach and Remedies
Indemnification
Assignment
Force Majeure
Notices
Severability
Entire Agreement
Amendment
Governing Law
Jurisdiction
Dispute Resolution
Third Party Rights
Survival
Waiver
Counterparts
Costs
Further Assurance
Data Protection
Export Control
Definitions
Confidentiality Obligations
Permitted Use
Information Protection
Security Measures
Disclosure Restrictions
Return of Information
Intellectual Property Rights
Non-Competition
Term and Termination
Breach and Remedies
Indemnification
Assignment
Force Majeure
Notices
Severability
Entire Agreement
Amendment
Governing Law
Jurisdiction
Dispute Resolution
Third Party Rights
Survival
Waiver
Counterparts
Costs
Further Assurance
Data Protection
Export Control
Relevant Industries
Technology
Manufacturing
Pharmaceutical
Biotechnology
Engineering
Research and Development
Electronics
Chemical Industry
Automotive
Healthcare
Energy
Telecommunications
Agriculture
Defense
Consumer Products
Relevant Teams
Legal
Research and Development
Intellectual Property
Innovation
Product Development
Technical Operations
Business Development
Investment
Scientific Affairs
Engineering
Corporate Strategy
Technology Transfer
Patent Administration
Relevant Roles
Chief Technology Officer
Research Director
Patent Attorney
Intellectual Property Manager
Innovation Manager
Product Development Manager
Research Scientist
Industrial Designer
Legal Counsel
Business Development Manager
Investment Analyst
Technical Director
Chief Scientific Officer
Prototype Engineer
Venture Capital Associate
Technology Transfer Officer
IP Commercialization Manager
R&D Manager
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