This Non-Disclosure Agreement For Invention is essential for protecting confidential information related to novel inventions in New Zealand. It is particularly crucial when inventors or companies need to share invention details with potential investors, manufacturers, or collaborators before filing patent applications. The document complies with New Zealand's legal framework, including the Patents Act 2013 and Contract and Commercial Law Act 2017, ensuring robust protection of intellectual property rights. It's commonly used during initial business discussions, research collaborations, or commercialization negotiations where detailed technical information about an invention needs to be disclosed. The agreement helps maintain the novelty requirement for future patent applications while facilitating necessary business discussions.
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1. Parties: Identification of the disclosing party (inventor/owner) and receiving party, including full legal names and addresses
2. Background: Context of the disclosure, relationship between parties, and general purpose of the agreement
3. Definitions: Key terms including 'Confidential Information', 'Invention', 'Authorized Purpose', 'Representatives', and other relevant terms
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 Use and Disclosure: Specific permitted purposes for using the confidential information and conditions for authorized disclosure
7. Security Measures: Required security measures for protecting the confidential information
8. Return or Destruction of Confidential Information: Obligations regarding the return or destruction of confidential information upon request or termination
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Survival: Obligations that continue after termination
11. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
12. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Patent Rights: Include when there's a possibility of future patent applications to ensure the NDA doesn't affect patent rights
2. Employee and Contractor Obligations: Include when the receiving party needs to share information with employees or contractors
3. Reverse Engineering Prohibition: Include when the invention could be reverse engineered from the disclosed information
4. Export Control: Include when the invention involves technology that may be subject to export control regulations
5. Improvements and Modifications: Include when the receiving party might develop improvements to the invention
6. Non-Competition: Include when there's a need to restrict the receiving party from competing in the same technological area
7. Assignment and Succession: Include when transfer of rights needs to be specifically addressed or prohibited
1. Schedule 1: Description of Invention: Detailed technical description of the invention and related confidential information
2. Schedule 2: Authorized Purpose: Detailed description of the specific permitted uses of the confidential information
3. Schedule 3: Authorized Representatives: List of individuals authorized to receive and handle the confidential information
4. Schedule 4: Security Protocols: Specific security measures and protocols required for protecting the confidential information
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