The Non-Disclosure Agreement For Invention is essential when sharing sensitive information about new inventions or innovative technologies in the Netherlands. This document is typically used during the pre-patent phase, when discussing potential partnerships, seeking investment, or exploring commercialization opportunities. It ensures compliance with Dutch intellectual property law, including the Dutch Patents Act (Rijksoctrooiwet 1995) and Trade Secret Protection Act (Wet bescherming bedrijfsgeheimen). The agreement is crucial for protecting unpatented inventions, technical specifications, methodologies, and related confidential information before formal IP protection is secured. It's particularly valuable when engaging with potential partners, investors, or manufacturers while maintaining the novelty requirement for future patent applications.
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1. Parties: Identification and details of the disclosing and receiving parties
2. Background: Context of the agreement, including the nature of the invention and the purpose of sharing confidential information
3. Definitions: Definitions of key terms including 'Confidential Information', 'Invention', 'Authorized Purpose', and 'Authorized Recipients'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to the invention
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom
7. Protection Measures: Specific security measures required to protect the confidential information
8. Intellectual Property Rights: Confirmation that disclosure doesn't transfer any IP rights and protection of invention-related rights
9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information upon termination
10. Duration and Termination: Term of the agreement and survival of obligations post-termination
11. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
1. Employee and Contractor Obligations: Additional provisions for when the receiving party needs to share information with employees or contractors
2. Joint Development: Provisions for scenarios where parties may collaborate on further development of the invention
3. Export Control: Necessary when the invention involves technology subject to export control regulations
4. Insurance: Requirements for insurance coverage when handling particularly valuable inventions
5. Publicity: Restrictions on public announcements or publications related to the invention
6. Data Protection: Specific provisions when personal data is involved in the confidential information
7. Non-Competition: Restrictions on competing activities, if relevant to protecting the invention
8. Severability: Provisions for maintaining validity if certain clauses are found unenforceable
9. Force Majeure: Provisions for unforeseen circumstances affecting confidentiality obligations
1. Schedule 1 - Description of Invention: Detailed technical description of the invention(s) covered by the agreement
2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information
3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling the confidential information
4. Schedule 4 - Marking Requirements: Requirements for marking and identifying confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by authorized recipients
Relevant legal definitions
Agreement
Invention
Confidential Information
Permitted Purpose
Authorized Recipients
Disclosing Party
Receiving Party
Technical Information
Intellectual Property Rights
Trade Secrets
Affiliate
Representatives
Confidential Materials
Invention Documentation
Technical Specifications
Prototype
Development Process
Test Results
Patent Rights
Commercial Application
Effective Date
Confidentiality Period
Security Measures
Unauthorized Disclosure
Background IP
Improvements
Working Day
Technical Data
Proprietary Information
Know-How
Invention
Confidential Information
Permitted Purpose
Authorized Recipients
Disclosing Party
Receiving Party
Technical Information
Intellectual Property Rights
Trade Secrets
Affiliate
Representatives
Confidential Materials
Invention Documentation
Technical Specifications
Prototype
Development Process
Test Results
Patent Rights
Commercial Application
Effective Date
Confidentiality Period
Security Measures
Unauthorized Disclosure
Background IP
Improvements
Working Day
Technical Data
Proprietary Information
Know-How
Clauses
Confidentiality
Intellectual Property Rights
Non-Disclosure
Permitted Use
Information Security
Return of Information
Term and Termination
Breach and Remedies
Governing Law
Jurisdiction
Warranties
Non-Competition
Assignment
Severability
Indemnification
Force Majeure
Third Party Rights
Notice Requirements
Entire Agreement
Amendment
Waiver
Survival
Data Protection
Export Control
Non-Solicitation
Dispute Resolution
Intellectual Property Rights
Non-Disclosure
Permitted Use
Information Security
Return of Information
Term and Termination
Breach and Remedies
Governing Law
Jurisdiction
Warranties
Non-Competition
Assignment
Severability
Indemnification
Force Majeure
Third Party Rights
Notice Requirements
Entire Agreement
Amendment
Waiver
Survival
Data Protection
Export Control
Non-Solicitation
Dispute Resolution
Relevant Industries
Technology
Biotechnology
Pharmaceuticals
Engineering
Manufacturing
Research & Development
Healthcare
Chemical Industry
Electronics
Automotive
Aerospace
Clean Energy
Software Development
Artificial Intelligence
Telecommunications
Relevant Teams
Legal
Research & Development
Intellectual Property
Innovation
Product Development
Engineering
Corporate Development
Technology Transfer
Scientific Affairs
Business Development
Relevant Roles
Chief Technology Officer
Research Director
Patent Attorney
Intellectual Property Manager
Innovation Manager
R&D Engineer
Product Development Manager
Legal Counsel
Invention Developer
Technical Director
Chief Scientific Officer
Investment Manager
Technology Transfer Officer
Business Development Director
Head of Innovation
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