Non Disclosure Non Use And Non Circumvention Agreement

Non Disclosure Non Use And Non Circumvention Agreement Template for India

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Key Requirements PROMPT example:

"I need a Non Disclosure Non Use And Non Circumvention Agreement for a potential joint venture between my technology startup and a manufacturing partner in Mumbai, with special emphasis on protecting our AI algorithms and preventing the manufacturer from directly approaching our clients."

Document background

The Non Disclosure Non Use And Non Circumvention Agreement is essential for businesses operating in India who need to protect their confidential information and business opportunities during negotiations or partnerships. This document is typically used when parties are exploring potential business relationships, joint ventures, or investment opportunities where sensitive information needs to be shared. It provides comprehensive protection under Indian law by combining traditional non-disclosure provisions with specific restrictions on information use and anti-circumvention measures. The agreement is particularly relevant given India's growing business landscape and the need to protect intellectual property and business opportunities in various sectors. It addresses requirements under Indian contract law, information technology regulations, and common law principles regarding confidential information.

Suggested Sections

1. Parties: Identification of all parties to the agreement with full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information

3. Definitions: Definitions of key terms including 'Confidential Information', 'Permitted Purpose', 'Representatives', and 'Circumvention'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Non-Use Obligations: Restrictions on the use of confidential information for specified purposes only

7. Non-Circumvention Obligations: Prohibitions on bypassing or circumventing the disclosing party in business dealings

8. Permitted Disclosures: Circumstances under which confidential information may be disclosed and to whom

9. Information Security Measures: Required measures for protecting and securing confidential information

10. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request

11. Term and Survival: Duration of the agreement and which obligations survive termination

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

13. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

Optional Sections

1. Special Categories of Information: Additional provisions for specific types of sensitive information such as personal data or trade secrets

2. Group Company Provisions: Extended provisions when parties are part of larger corporate groups

3. International Transfer Provisions: Additional requirements for cross-border transfer of information

4. Industry-Specific Compliance: Special provisions required for specific regulated industries

5. Competitive Restrictions: Additional non-compete or market restrictions if relevant to the business relationship

6. Intellectual Property Rights: Specific provisions regarding IP rights in shared information

7. Digital Security Requirements: Specific provisions for digital security measures and cyber protection

8. Dispute Resolution: Alternative dispute resolution mechanisms such as mediation or arbitration

Suggested Schedules

1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose for which confidential information may be used

2. Schedule 2 - Authorized Representatives: List of authorized representatives who may access confidential information

3. Schedule 3 - Security Protocols: Detailed security measures and protocols for handling confidential information

4. Schedule 4 - Information Categories: Categorization of different types of confidential information and their handling requirements

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

6. Appendix A - Specific Business Opportunities: Description of specific business opportunities covered by non-circumvention provisions

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology

Manufacturing

Professional Services

Healthcare

Financial Services

Real Estate

Energy

Telecommunications

Pharmaceuticals

Retail

Education

Entertainment

Automotive

Aerospace

Construction

Relevant Teams

Legal

Business Development

Executive Leadership

Research and Development

Corporate Strategy

Mergers and Acquisitions

Innovation

Information Technology

Finance

Operations

Procurement

Sales

Product Development

Investment

Compliance

Relevant Roles

Chief Executive Officer

Business Development Manager

Legal Counsel

Chief Technology Officer

Investment Manager

Project Manager

Operations Director

Research and Development Director

Chief Financial Officer

Strategic Partnerships Manager

Procurement Manager

Sales Director

Innovation Manager

Venture Capital Associate

Corporate Development Executive

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