A Non-Disclosure Agreement For Invention is essential when sharing sensitive information about new inventions with potential partners, investors, or other third parties in Ireland. This document is particularly crucial in the pre-patent filing phase when public disclosure could compromise patent rights. It should be used whenever inventors or companies need to share technical details, designs, processes, or other confidential information about their inventions while maintaining legal protection. The agreement incorporates Irish legal requirements, including provisions from the Industrial and Commercial Property (Protection) Act and European Communities (Protection of Trade Secrets) Regulations 2018, while also considering potential international implications. It's designed to protect both the invention itself and any associated know-how, manufacturing processes, or technical specifications.
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1. Parties: Identification of the disclosing party (inventor/owner) and receiving party, including full legal names and addresses
2. Background: Context of the disclosure, relationship between parties, and general purpose of the agreement
3. Definitions: Detailed definitions including 'Confidential Information', 'Invention', 'Permitted Purpose', 'Representatives', and other key terms
4. Scope of Confidential Information: Specific description of what constitutes confidential information relating to the invention
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Disclosures: Circumstances under which the receiving party may disclose information to employees, advisors, or as required by law
7. Protection of the Invention: Specific provisions relating to the protection of the invention, including any patent-related considerations
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
12. Execution: Signature blocks and execution formalities
1. Non-Competition: Optional restrictions on competing activities - include when there's specific concern about competition risks
2. Patent Rights: Specific provisions about patent applications and rights - include when patent filing is contemplated
3. Assignment and Subcontracting: Rules about transferring rights/obligations - include for complex commercial relationships
4. Data Protection: GDPR compliance provisions - include when personal data processing is involved
5. Export Control: Compliance with export control laws - include for internationally relevant inventions
6. Publicity: Restrictions on public announcements - include for sensitive or high-profile inventions
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 Measures: Specific security protocols and measures for protecting the confidential information
4. Appendix A - Acknowledgment Form: Form for representatives to acknowledge their confidentiality obligations
5. Appendix B - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
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