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Patent Confidentiality Agreement for Indonesia

Patent Confidentiality Agreement Template for Indonesia

A Patent Confidentiality Agreement under Indonesian law is a legally binding document that establishes confidentiality obligations between parties regarding patent-related information, inventions, and associated technical data. This agreement is governed by Indonesian Law No. 13 of 2016 on Patents and Law No. 30 of 2000 on Trade Secrets, providing comprehensive protection for confidential information while ensuring compliance with local intellectual property regulations. The document outlines specific security measures, permitted uses, disclosure restrictions, and enforcement mechanisms, tailored to meet the requirements of Indonesian law while protecting valuable patent-related information during business discussions, development phases, or licensing negotiations.

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What is a Patent Confidentiality Agreement?

A Patent Confidentiality Agreement is essential when parties need to share sensitive patent-related information during business negotiations, technological collaborations, or licensing discussions in Indonesia. This document is particularly crucial in the pre-patent filing stage or when discussing existing patents with potential partners or investors. The agreement ensures compliance with Indonesian Law No. 13 of 2016 on Patents and related regulations, providing a framework for protecting confidential information while facilitating necessary business discussions. It includes specific provisions for handling technical data, invention details, and related confidential information, with clear obligations and enforcement mechanisms adapted to the Indonesian legal context. The agreement is commonly used before entering into larger commercial arrangements such as licensing agreements, joint development agreements, or investment deals where patent information needs to be disclosed.

What sections should be included in a Patent Confidentiality Agreement?

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration numbers for companies

2. Background: Context of the agreement, including the patent-related activities and the nature of the confidential information to be shared

3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Patent Information', 'Invention', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement, including patent applications, inventions, and related technical data

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information, including specific security measures required

6. Permitted Uses and Disclosure: Specified purposes for which the confidential information may be used and circumstances under which disclosure is permitted

7. Security Measures: Specific security protocols and measures required for protecting the confidential information

8. Return or Destruction of Information: Requirements and procedures for returning or destroying confidential information upon termination or request

9. Term and Termination: Duration of the agreement and circumstances under which it may be terminated

10. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief and damages

11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for dispute resolution

What sections are optional to include in a Patent Confidentiality Agreement?

1. Patent Application Process: Specific provisions relating to patent application procedures and confidentiality during the patent application process. Include when the agreement specifically relates to pending patent applications.

2. Third Party Disclosure: Provisions governing disclosure to third parties such as contractors or advisors. Include when third-party access to information is anticipated.

3. Employee and Representative Obligations: Specific provisions for ensuring employees and representatives maintain confidentiality. Include when the receiving party will need to share information internally.

4. Export Control Compliance: Provisions regarding compliance with export control laws. Include when the technology may be subject to export restrictions.

5. Electronic Information Security: Specific provisions for securing electronic data and communications. Include when significant electronic data sharing is involved.

6. Survival Clause: Provisions specifying which obligations survive termination. Include when certain obligations need to continue beyond the agreement term.

7. Alternative Dispute Resolution: Provisions for mediation or arbitration. Include when parties prefer alternative dispute resolution to court proceedings.

What schedules should be included in a Patent Confidentiality Agreement?

1. Schedule 1 - Description of Patent Information: Detailed description of the specific patent information or invention covered by the agreement

2. Schedule 2 - Authorized Recipients: List of individuals or roles authorized to access the confidential information

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

4. Appendix A - Non-Disclosure Undertaking: Form of non-disclosure undertaking to be signed by individual recipients

5. Appendix B - Information Return Form: Form for documenting the 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

Jurisdiction

Indonesia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions



































Clauses

























Relevant Industries

Technology & Software

Pharmaceuticals & Healthcare

Manufacturing & Industrial

Biotechnology

Electronics & Semiconductors

Automotive

Chemical & Materials

Telecommunications

Energy & Clean Technology

Research & Development

Medical Devices

Aerospace & Defense

Relevant Teams

Legal

Research & Development

Intellectual Property

Innovation

Business Development

Technology Transfer

Product Development

Corporate Strategy

Scientific Affairs

Patent Operations

Relevant Roles

Chief Technology Officer

Research & Development Director

Patent Attorney

Intellectual Property Manager

Legal Counsel

Innovation Manager

Technology Transfer Officer

Business Development Director

Chief Scientific Officer

Patent Engineer

Research Scientist

Product Development Manager

Intellectual Property Specialist

Technology Licensing Manager

Chief Legal 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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