The Non-Disclosure Agreement For Product Design serves as a crucial legal instrument for protecting confidential information in product design and development activities within the Malaysian jurisdiction. This document is essential when parties need to share sensitive design information, technical specifications, prototypes, or other proprietary information related to product development. It is particularly relevant in Malaysia's growing manufacturing and technology sectors, where protection of design innovations is crucial for maintaining competitive advantage. The agreement incorporates provisions that comply with Malaysian law, including the Industrial Designs Act 1996 and relevant intellectual property statutes, while addressing practical aspects of design information sharing and protection. This document is commonly used during product development collaborations, outsourcing arrangements, or when engaging external design consultants.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names, registration numbers, and registered addresses
2. Background: Context of the disclosure, relationship between parties, and general purpose of sharing product design information
3. Definitions: Key terms including 'Confidential Information', 'Product Design', 'Technical Specifications', 'Prototype', 'Industrial Design Rights', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of product design, including drawings, specifications, prototypes, and related materials
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care
6. Permitted Disclosures: Circumstances under which confidential information may be shared with employees, advisors, or other authorized parties
7. Term and Survival: Duration of the confidentiality obligations and provisions that survive termination
8. Return or Destruction of Confidential Information: Requirements for handling confidential information upon termination or request
9. Intellectual Property Rights: Confirmation that disclosure does not transfer ownership of IP rights and protection of existing IP
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes
1. Non-Solicitation: Prevents poaching of employees involved in product design - include when there's significant team interaction
2. Export Control: Include when product design involves technology with export restrictions
3. Reverse Engineering Prohibition: Include when physical prototypes or samples will be shared
4. Insurance Requirements: Include when high-value prototypes or materials will be shared
5. Third Party Rights: Include when product design involves third-party licensed technology or components
6. Data Protection: Include when personal data may be involved in the product design process
7. Publicity Restrictions: Include when there's risk of premature product design disclosure
1. Schedule 1: Description of Product Design: Detailed description of the product design scope covered by the NDA
2. Schedule 2: Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3: Security Protocols: Specific security measures required for handling design information
4. Appendix A: Information Handling Procedures: Detailed procedures for marking, storing, and transmitting confidential information
5. Appendix B: Form of Acknowledgment: Template for authorized representatives to acknowledge NDA obligations
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