NDA For Product Design Template for New Zealand

A comprehensive non-disclosure agreement tailored for product design contexts under New Zealand law, specifically designed to protect confidential information related to product designs, prototypes, manufacturing processes, and associated intellectual property. The agreement ensures compliance with New Zealand's Contract and Commercial Law Act 2017 and relevant intellectual property legislation while providing robust protection for design-related confidential information, including technical specifications, drawings, prototypes, and manufacturing processes. It includes specific provisions for handling physical and digital design assets, and addresses both immediate confidentiality needs and long-term intellectual property protection.

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What is a NDA For Product Design?

This NDA For Product Design is essential when parties need to share sensitive product design information while maintaining confidentiality and protecting intellectual property rights under New Zealand law. The document is particularly relevant for situations where product designs, technical specifications, prototypes, or manufacturing processes need to be shared between parties during product development, consultation, or manufacturing discussions. It includes specific provisions tailored to protect various aspects of product design, from initial concepts to final manufacturing specifications, while ensuring compliance with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Designs Act 1953, and relevant intellectual property legislation. The agreement is structured to protect both physical and digital design assets, making it suitable for modern product development processes.

What sections should be included in a NDA For Product Design?

1. Parties: Identification of the disclosing party (typically the design company/client) and receiving party (typically the contractor/designer), including full legal names and addresses

2. Background: Context of the agreement, explaining the purpose of sharing confidential information related to the product design project

3. Definitions: Key terms including 'Confidential Information', 'Product Design', 'Intellectual Property Rights', 'Design Materials', and other relevant terminology

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of product design, including drawings, specifications, prototypes, and manufacturing processes

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care

6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, contractors, or advisors

7. Intellectual Property Rights: Confirmation that all IP rights remain with the disclosing party and no rights are transferred

8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon project completion or termination

9. Term and Termination: Duration of the agreement and circumstances for termination

10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief

What sections are optional to include in a NDA For Product Design?

1. Prototype Handling: Specific provisions for handling physical prototypes or samples, used when physical product prototypes will be shared

2. Third-Party Manufacturers: Additional provisions for when design information needs to be shared with manufacturing partners

3. Design Feedback: Provisions regarding ownership and confidentiality of feedback or improvements suggested by the receiving party

4. Digital Security Measures: Specific requirements for digital security when design files are shared electronically

5. Export Control: Provisions for compliance with export control laws, used when the design may have international implications

6. Competitive Projects: Restrictions on working on similar projects, used when the receiving party is active in the same industry

What schedules should be included in a NDA For Product Design?

1. Schedule 1: Description of Product Design Project: Detailed description of the product design project scope and context

2. Schedule 2: Specific Confidential Information: Detailed list of specific confidential information being disclosed

3. Schedule 3: Authorized Personnel: List of individuals authorized to access the confidential information

4. Schedule 4: Security Protocols: Specific security measures and protocols for handling design information

5. Schedule 5: Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

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

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use

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