The Non-Disclosure and Intellectual Property Rights Agreement is essential for businesses operating in Hong Kong who need to protect their confidential information while establishing clear ownership and usage rights of intellectual property. This document is particularly relevant when parties need to share sensitive business information or collaborate on projects that may generate new IP. It incorporates provisions compliant with Hong Kong's legal framework, including the Patents Ordinance (Cap. 514), Copyright Ordinance (Cap. 528), and related IP legislation. The agreement is commonly used in scenarios such as business partnerships, technology licensing, research collaborations, and service provider relationships where both confidentiality and IP rights need to be protected. It provides comprehensive protection for trade secrets, technical know-how, and other proprietary information while establishing clear mechanisms for IP ownership, assignment, and licensing.
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1. Parties: Identifies and defines the parties entering into the agreement
2. Background: Sets out the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Intellectual Property Rights', 'Permitted Purpose'
4. Confidentiality Obligations: Details the core obligations regarding handling and protecting confidential information
5. Permitted Use and Disclosure: Specifies the allowed uses of confidential information and circumstances under which disclosure is permitted
6. Intellectual Property Rights: Establishes ownership, assignment, and licensing of existing and future IP rights
7. Protection of Information: Specifies security measures and standards for protecting confidential information
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
9. Duration and Survival: Specifies the term of the agreement and which provisions survive termination
10. Breach and Remedies: Details consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard contractual terms including governing law, jurisdiction, entire agreement, and variation
1. Employee and Contractor Obligations: Used when the receiving party needs to ensure its employees and contractors are bound by similar obligations
2. Assignment of Future Inventions: Included when there's potential for new IP creation during the relationship
3. Third Party Rights: Required when third parties might need to enforce rights under the agreement
4. Data Protection Compliance: Added when confidential information includes personal data
5. Non-Competition and Non-Solicitation: Included when additional business protection beyond confidentiality is required
6. Source Code Protection: Used when software or source code is part of the confidential information
7. Export Control Compliance: Required when technology transfer or international sharing of information is involved
8. Reverse Engineering Prohibition: Added when protecting technical information or trade secrets
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information covered by the agreement
2. Schedule 2 - Existing Intellectual Property: Inventory of pre-existing IP rights owned by each party
3. Schedule 3 - Authorized Personnel: List of individuals authorized to access and use confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and procedures for protecting confidential information
5. Schedule 5 - Approved Third Party Recipients: List of approved third parties who may receive confidential information
6. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees or contractors
7. Appendix B - Information Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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