The Intellectual Property Non Disclosure Agreement is essential for businesses and organizations operating under Dutch law who need to protect sensitive information and intellectual property during business discussions, collaborations, or partnerships. This document is particularly relevant when parties need to share trade secrets, technical specifications, inventions, research data, or other proprietary information. It ensures compliance with Dutch legal requirements, including the Trade Secrets Protection Act and relevant EU regulations, while providing clear mechanisms for protecting confidential information and intellectual property rights. The agreement is commonly used in situations ranging from business negotiations and due diligence processes to research collaborations and technology partnerships, offering robust protection for sensitive information while facilitating necessary business communications.
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1. Parties: Identification of the parties entering into the agreement, including full legal names, registered addresses, and company registration numbers
2. Background: Context of the agreement, including the purpose of sharing confidential information and the nature of the parties' relationship
3. Definitions: Detailed definitions of key terms, particularly 'Confidential Information', 'Intellectual Property Rights', 'Permitted Purpose', and other relevant terms
4. Disclosure of Confidential Information: Terms governing how confidential information will be disclosed, marked, and identified
5. Protection of Confidential Information: Obligations regarding the protection and handling of confidential information, including security measures
6. Permitted Use: Specific permitted uses of the confidential information and any restrictions on use
7. Non-Disclosure Obligations: Core confidentiality obligations and restrictions on disclosure to third parties
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Intellectual Property Rights: Provisions protecting existing IP rights and addressing any IP created during the relationship
10. Term and Termination: Duration of the agreement and circumstances for termination
11. Breach and Remedies: Consequences of breach and available remedies under Dutch law
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Employee and Contractor Obligations: Additional provisions for ensuring employees and contractors comply with confidentiality obligations. Include when parties will need to share information with their staff
2. Data Protection: Specific provisions for handling personal data under GDPR. Include when confidential information may include personal data
3. Security Protocols: Detailed security measures for handling confidential information. Include for highly sensitive information or regulated industries
4. Export Control: Provisions regarding export control regulations. Include when dealing with technical data or international transfers
5. Non-Solicitation: Restrictions on soliciting employees or customers. Include when there's risk of talent or customer poaching
6. Residual Knowledge: Provisions addressing use of residual knowledge gained during the relationship. Include for knowledge-intensive industries
7. Competition Restrictions: Additional competitive restrictions. Include when sharing highly sensitive market information
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information considered confidential under the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to disclose and receive confidential information
3. Schedule 3 - Security Protocols: Specific security measures and procedures for handling confidential information
4. Schedule 4 - Approved Third Party Recipients: Pre-approved third parties who may receive confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template confidentiality agreement for employees or third parties
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Research & Development
Software Development
Financial Services
Healthcare
Automotive
Aerospace
Consumer Electronics
Industrial Design
Chemical Industry
Professional Services
Education
Relevant Teams
Legal
Research & Development
Product Development
Executive Leadership
Business Development
Intellectual Property
Innovation
Compliance
Information Security
Corporate Development
Engineering
Scientific Affairs
Technology Transfer
Strategic Partnerships
Investment
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Legal Officer
Research Director
Business Development Manager
Intellectual Property Counsel
Innovation Manager
Product Manager
Legal Counsel
Head of R&D
Technology Transfer Officer
Partnership Manager
Project Manager
Compliance Officer
Investment Manager
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