This Intellectual Property Non Disclosure Agreement is designed for use in situations where parties need to share sensitive intellectual property or confidential information while ensuring legal protection under New Zealand law. It is particularly relevant for business relationships involving the exchange of proprietary technology, trade secrets, innovative processes, or other confidential IP. The document incorporates key requirements from New Zealand's IP legislation, including the Patents Act 2013, Copyright Act 1994, and Contract and Commercial Law Act 2017. It's commonly used in commercial negotiations, joint ventures, potential partnerships, or when engaging with contractors or consultants who need access to protected intellectual property. The agreement provides comprehensive protection while maintaining compliance with New Zealand's legal framework for IP protection and confidential information.
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1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Explains the context and purpose of the agreement, including the nature of the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement, particularly 'Confidential Information' and 'Intellectual Property Rights'
4. Scope of Confidential Information: Clearly identifies what information is considered confidential under the agreement
5. Obligations of Confidentiality: Details the specific duties to maintain confidentiality and protect the information
6. Permitted Uses and Disclosures: Specifies how the recipient may use the confidential information and under what circumstances disclosure is permitted
7. Security Measures: Outlines the required security measures for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information upon termination or request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. IP Ownership: Used when new IP might be created during the relationship to clarify ownership rights
2. International Transfer of Data: Required when confidential information may be transferred across borders
3. Competing Activities: Used when there's a need to restrict the recipient from engaging in competing activities
4. Subcontractors: Included when the recipient may need to share information with subcontractors
5. Publicity: Used when there's a need to control public announcements about the relationship
6. Insurance Requirements: Included for high-value IP requiring specific insurance coverage
7. Audit Rights: Used for situations requiring verification of compliance with security measures
8. Survival Clauses: Detailed provisions about which obligations survive termination
1. Schedule 1 - Description of Confidential Information: Detailed list of specific confidential information 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: Detailed security requirements and procedures for protecting the information
4. Schedule 4 - Notification Procedures: Procedures for reporting unauthorized disclosures or security breaches
5. Appendix A - Form of Confidentiality Undertaking: Template for additional parties who may need to sign confidentiality undertakings
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