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Non Disclosure Agreement For Invention for South Africa

Non Disclosure Agreement For Invention Template for South Africa

A comprehensive legal agreement governed by South African law, specifically designed to protect confidential information relating to inventions. This document establishes binding obligations for parties receiving sensitive technical, design, or innovative information, ensuring proper handling and non-disclosure of invention-related details. It incorporates provisions aligned with South African intellectual property law, particularly the Patents Act 57 of 1978, and includes specific protections for potential patent applications while maintaining the inventor's rights under South African jurisdiction.

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Non Disclosure Agreement For Invention

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What is a Non Disclosure Agreement For Invention?

The Non-Disclosure Agreement For Invention is a crucial legal instrument in South Africa's innovation and technology landscape. It is specifically designed for situations where inventors, companies, or institutions need to share sensitive information about new inventions while maintaining confidentiality and protecting potential patent rights. This document is particularly important given South Africa's first-to-file patent system and the requirements under the Patents Act 57 of 1978. It should be used before disclosing any invention details to potential partners, investors, manufacturers, or evaluators, as it establishes clear obligations for maintaining secrecy and preventing unauthorized use. The agreement includes specific provisions for handling technical specifications, experimental data, design information, and other confidential aspects of the invention, while ensuring compliance with South African intellectual property law and international best practices.

What sections should be included in a Non Disclosure Agreement For Invention?

1. Parties: Identification of the disclosing party (inventor/owner) and receiving party, including full legal names, registration numbers for companies, and physical addresses

2. Background: Context of the disclosure, nature of the invention in general terms, and purpose of sharing the confidential information

3. Definitions: Key terms including 'Confidential Information', 'Invention', 'Permitted Purpose', 'Representatives', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to the invention and associated knowledge

5. Obligations of Confidentiality: Core confidentiality obligations, including duty of care, non-disclosure requirements, and security measures

6. Permitted Use and Disclosure: Specific circumstances under which the receiving party may use or disclose the confidential information

7. Protection of Information: Security measures and standards required to protect the confidential information

8. Duration of Obligations: Term of the agreement and survival of confidentiality obligations

9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request

10. Breach and Remedies: Consequences of breach, including remedies and relief available to the disclosing party

11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and variation

What sections are optional to include in a Non Disclosure Agreement For Invention?

1. Intellectual Property Rights: Section clarifying ownership of IP rights and any licenses granted. Include when the receiving party might need limited rights to use the invention

2. Patent Rights Protection: Specific provisions protecting the right to patent the invention. Include when patent applications are planned

3. Representatives and Third Parties: Provisions for allowing specific employees or advisors access. Include when the receiving party needs to share with team members

4. Non-Competition: Restrictions on competing activities. Include when there's risk of the receiving party developing competing inventions

5. Digital Security Measures: Specific requirements for digital protection. Include when the confidential information is primarily digital

6. International Transfer of Information: Rules for cross-border information transfer. Include for international parties

7. Publicity and Announcements: Restrictions on public statements. Include for high-profile inventions or public companies

What schedules should be included in a Non Disclosure Agreement For Invention?

1. Schedule 1: Description of the Invention: Detailed technical description of the invention and related confidential information

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

3. Schedule 3: Security Protocols: Specific security measures and protocols required for protecting the information

4. Schedule 4: Permitted Purpose Details: Detailed description of how the receiving party is permitted to use the confidential information

5. Appendix A: Document Marking Requirements: Requirements for marking and identifying confidential documents and materials

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

Jurisdiction

South Africa

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions




































Clauses


































Relevant Industries

Technology

Manufacturing

Biotechnology

Pharmaceutical

Engineering

Software Development

Industrial Design

Medical Devices

Renewable Energy

Automotive

Electronics

Chemical Industry

Aerospace

Agricultural Technology

Consumer Products

Relevant Teams

Legal

Research and Development

Intellectual Property

Product Development

Executive Leadership

Engineering

Innovation

Technical Operations

Business Development

Design

Manufacturing

Scientific Research

Technology Transfer

Corporate Strategy

Relevant Roles

Chief Technology Officer

Research and Development Director

Patent Attorney

Intellectual Property Manager

Innovation Manager

Product Development Manager

Technical Director

Chief Executive Officer

Legal Counsel

Design Engineer

Research Scientist

Investment Manager

Technical Project Manager

Manufacturing Director

Business Development Executive

Prototype Engineer

Industrial Designer

Technology Transfer Officer

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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