Confidentiality Agreement For Intellectual Property

Confidentiality Agreement For Intellectual Property Template for Philippines

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Key Requirements PROMPT example:

"I need a Confidentiality Agreement for Intellectual Property under Philippine law for my tech startup that will be sharing software development IP with potential investors and development partners starting January 2025, with special emphasis on source code protection and cloud-based data security measures."

Document background

The Confidentiality Agreement For Intellectual Property is essential in situations where valuable intellectual property needs to be shared while maintaining strict confidentiality and legal protection. This document is particularly crucial in the Philippine business environment, where intellectual property rights are governed by the Intellectual Property Code (RA 8293) and related legislation. It is commonly used during business negotiations, joint ventures, research collaborations, or when engaging contractors who need access to proprietary information. The agreement ensures that any disclosed intellectual property, including patents, trade secrets, copyrights, and proprietary methodologies, remains protected under Philippine law while allowing necessary information sharing for business purposes.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and corporate details

2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information

3. Definitions: Clear definitions of key terms, especially 'Confidential Information', 'Intellectual Property Rights', 'Trade Secrets', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, particularly focusing on IP-related information

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Use: Specific purposes for which the confidential information may be used

7. Term and Survival: Duration of the agreement and survival of obligations after termination

8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination

9. Intellectual Property Rights: Clear statement that the agreement doesn't transfer any IP rights

10. Breach and Remedies: Consequences of breach and available remedies under Philippine law

11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes

Optional Sections

1. Third Party Disclosure: Include when there's a possibility of authorized disclosure to third parties like contractors or advisors

2. Special IP Protections: Include for specific types of IP such as software, patents pending, or trade secrets requiring special handling

3. Data Privacy Compliance: Include when confidential information includes personal data subject to the Data Privacy Act

4. Electronic Storage and Transmission: Include when confidential information will be stored or transmitted electronically

5. Non-Solicitation: Include to prevent poaching of employees or clients

6. Specific Security Measures: Include when specific security protocols or standards must be followed

7. Export Control: Include when IP might be subject to export control regulations

Suggested Schedules

1. Schedule A - Description of Confidential Information: Detailed list or categories of confidential information and IP covered

2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information

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

4. Schedule D - Approved Third Parties: List of approved third parties who may receive the confidential information if applicable

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

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

Research & Development

Pharmaceuticals

Biotechnology

Manufacturing

Software Development

Creative Industries

Engineering

Education

Healthcare

Telecommunications

Electronics

Financial Services

Media & Entertainment

Professional Services

Relevant Teams

Legal

Research and Development

Information Technology

Product Development

Innovation

Intellectual Property

Corporate Development

Engineering

Business Development

Compliance

Information Security

Scientific Affairs

Technology Transfer

Executive Leadership

Contract Administration

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Legal Officer

Intellectual Property Lawyer

Research Director

Product Development Manager

Innovation Manager

Technical Lead

Business Development Director

Legal Counsel

Patent Attorney

Project Manager

Software Engineer

Research Scientist

Contract Manager

Technology Transfer Officer

IP Rights Manager

Research & Development Director

Information Security Officer

Compliance Manager

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