The Confidentiality And Intellectual Property Assignment Agreement is a critical legal document used in New Zealand business contexts where protection of sensitive information and transfer of intellectual property rights are essential. This document is typically implemented when engaging employees, contractors, or business partners who will create intellectual property or have access to confidential information during their engagement. It ensures compliance with New Zealand intellectual property laws, including the Copyright Act 1994 and Patents Act 2013, while providing robust protection for business secrets and innovations. The agreement combines comprehensive confidentiality provisions with clear IP assignment mechanisms, making it particularly valuable for technology companies, research institutions, and creative industries operating under New Zealand jurisdiction.
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1. Parties: Identifies and defines the parties to the agreement, including the disclosing party/IP owner and receiving party/assignor
2. Background: Sets out the context of the agreement, relationship between parties, and purpose of the IP assignment and confidentiality obligations
3. Definitions and Interpretation: Defines key terms including Confidential Information, Intellectual Property Rights, Assigned IP, and other relevant terms
4. Confidentiality Obligations: Details the obligations regarding confidential information, including use restrictions, security measures, and permitted disclosures
5. Intellectual Property Assignment: Comprehensive assignment clause transferring all relevant IP rights, including future rights and moral rights waiver
6. Warranties and Representations: Warranties regarding ownership of IP, right to assign, and non-infringement of third-party rights
7. Further Assurance: Obligation to execute additional documents and assist with IP registration and protection
8. Return of Confidential Information: Requirements for handling confidential information upon termination or request
9. Term and Termination: Duration of confidentiality obligations and circumstances for termination
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
1. Independent Contractor Status: Required when the agreement is with contractors rather than employees to clarify employment status
2. International Rights: Additional provisions for protection and assignment of IP rights in other jurisdictions
3. Non-Competition: Restrictions on competitive activities, if appropriate and enforceable
4. Prior IP Retention: Clarifies any IP that the assignor retains and is not part of the assignment
5. Moral Rights Treatment: Detailed provisions regarding moral rights where creative works are involved
6. Data Protection: Additional privacy and data protection obligations where personal data is involved
7. Third Party IP: Provisions dealing with third-party IP that may be incorporated into assigned works
1. Schedule 1 - Confidential Information: Detailed list or categories of information deemed confidential
2. Schedule 2 - Assigned Intellectual Property: Comprehensive list of all IP being assigned including patents, copyrights, designs, and trade secrets
3. Schedule 3 - Excluded IP: List of any pre-existing IP or third-party IP that is explicitly excluded from the assignment
4. Schedule 4 - Approved Third-Party Disclosures: List of pre-approved third parties to whom confidential information may be disclosed
5. Schedule 5 - Assignment Deed: Form of deed for executing specific IP assignments as required
6. Schedule 6 - Security Measures: Specific security measures and protocols for protecting confidential information
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