The Invention Confidentiality Agreement is a critical legal instrument used when an inventor or company needs to share sensitive information about an invention while maintaining its confidentiality. This document is particularly important in New Zealand's innovation ecosystem, where protection of intellectual property rights under the Patents Act 2013 requires maintaining secrecy before patent filing. The agreement is typically used during preliminary discussions with potential investors, manufacturers, or commercial partners, providing a framework for sharing technical details while preventing unauthorized disclosure or use. It includes specific provisions about what constitutes confidential information, how it can be used, security requirements, and the duration of confidentiality obligations, all within the context of New Zealand law.
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1. Parties: Identifies and provides full details of all parties to the agreement, including their legal status and contact information
2. Background: Sets out the context of the agreement, including that one party has developed an invention and wishes to disclose it to the other party under conditions of confidentiality
3. Definitions: Defines key terms used in the agreement, particularly 'Confidential Information', 'Invention', 'Permitted Purpose', and 'Representatives'
4. Scope of Confidential Information: Clearly identifies what information is considered confidential, including all aspects of the invention and related materials
5. Confidentiality Obligations: Details the core obligations to maintain confidentiality, including storage, handling, and non-disclosure requirements
6. Permitted Use: Specifies the limited purposes for which the confidential information may be used
7. Security Measures: Outlines the specific security measures required to protect the confidential information
8. Term and Survival: Specifies how long the confidentiality obligations last and which provisions survive termination
9. Return or Destruction of Information: Requirements for handling confidential information after the agreement ends or upon request
10. Breach and Remedies: Specifies the consequences of breaching the agreement and available remedies
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Representatives and Third Parties: Used when the receiving party needs to share information with employees or advisors, specifying requirements for such disclosure
2. Intellectual Property Rights: Include when there's a need to explicitly state that no IP rights are transferred through the disclosure
3. Competing Activities: Add when there's a need to restrict the receiving party from developing competing inventions
4. Export Control: Include for inventions that may be subject to export control regulations
5. Privacy Compliance: Add when the confidential information includes personal data subject to privacy laws
6. Publicity: Include when there's a need to restrict public announcements or references to the relationship
7. Insurance Requirements: Add when requiring the receiving party to maintain specific insurance coverage
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 required for protecting the confidential information
4. Schedule 4 - Permitted Purpose Details: Detailed description of the specific purposes for which the confidential information may be used
5. Schedule 5 - Related Materials: List of additional documents, drawings, or materials that form part of the confidential information
Relevant legal definitions
Agreement
Authorized Purpose
Authorized Representatives
Business Day
Confidential Information
Disclosing Party
Effective Date
Invention
Intellectual Property Rights
Law
Notice
Patents
Permitted Disclosees
Receiving Party
Related Materials
Representatives
Security Requirements
Technical Information
Term
Trade Secrets
Unauthorized Disclosure
Working Hours
Authorized Purpose
Authorized Representatives
Business Day
Confidential Information
Disclosing Party
Effective Date
Invention
Intellectual Property Rights
Law
Notice
Patents
Permitted Disclosees
Receiving Party
Related Materials
Representatives
Security Requirements
Technical Information
Term
Trade Secrets
Unauthorized Disclosure
Working Hours
Clauses
Confidentiality
Non-Disclosure
Intellectual Property
Information Security
Data Protection
Access Rights
Permitted Use
Return of Information
Term and Termination
Breach and Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Amendment
Survival
Third Party Rights
Warranties and Representations
Non-Disclosure
Intellectual Property
Information Security
Data Protection
Access Rights
Permitted Use
Return of Information
Term and Termination
Breach and Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Notices
Amendment
Survival
Third Party Rights
Warranties and Representations
Relevant Industries
Technology
Manufacturing
Biotechnology
Healthcare
Engineering
Software Development
Pharmaceutical
Electronics
Automotive
Aerospace
Clean Energy
Chemical Industry
Medical Devices
Agriculture
Telecommunications
Relevant Teams
Legal
Research and Development
Intellectual Property
Executive Leadership
Business Development
Engineering
Product Development
Innovation
Compliance
Technology
Manufacturing
Relevant Roles
Chief Technology Officer
Research and Development Manager
Patent Attorney
Legal Counsel
Innovation Manager
Product Development Manager
Intellectual Property Manager
Business Development Director
Chief Executive Officer
Technical Director
Research Scientist
Investment Manager
Manufacturing Manager
Engineering Manager
Compliance Officer
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