Intellectual Property Non Disclosure Agreement

Intellectual Property Non Disclosure Agreement Template for Denmark

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Document background

The Intellectual Property Non Disclosure Agreement (IP NDA) under Danish law is essential for businesses and individuals sharing sensitive intellectual property and confidential information in Denmark. This document is particularly crucial in scenarios involving technology transfer, research collaboration, business negotiations, or due diligence processes where proprietary information needs protection. It incorporates specific requirements from Danish legislation, including the Danish Trade Secrets Act and the EU Trade Secrets Directive, while ensuring alignment with Danish contract law principles. The agreement is designed to protect various forms of intellectual property, including patents, trade secrets, copyright materials, and proprietary technology, while establishing clear obligations and remedies under Danish jurisdiction.

Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including full legal names and registered addresses

2. Background: Context of the agreement and the purpose for sharing confidential information

3. Definitions: Detailed definitions including 'Confidential Information', 'Intellectual Property Rights', 'Trade Secrets', and other key terms

4. Scope of Confidentiality: Detailed description of what constitutes confidential information under the agreement

5. Obligations of Receiving Party: Core confidentiality obligations, including handling, protection, and non-disclosure requirements

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors

7. Security Measures: Required security measures for protecting confidential information

8. Intellectual Property Rights: Confirmation that IP rights remain with the disclosing party and conditions for usage

9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request

10. Term and Termination: Duration of the agreement and termination provisions

11. Breach and Remedies: Consequences of breach and available remedies under Danish law

12. Governing Law and Jurisdiction: Specification of Danish law as governing law and jurisdiction for disputes

Optional Sections

1. Non-Competition: Additional provisions restricting competition, if relevant to the business relationship

2. Non-Solicitation: Provisions preventing solicitation of employees or customers, if relevant

3. Data Protection: Specific provisions for handling personal data under GDPR, if personal data is involved

4. Export Control: Provisions for compliance with export control regulations, if dealing with international transfers

5. Assignment and Succession: Rules for transferring rights under the agreement, if needed

6. Reverse Engineering: Specific prohibitions on reverse engineering, if applicable to technical information

7. Residual Knowledge: Provisions addressing use of residual knowledge, if acceptable to parties

Suggested Schedules

1. Schedule 1 - Description of Confidential Information: Detailed list or categories of confidential information covered

2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information

3. Schedule 3 - Security Protocols: Specific security measures and protocols for handling confidential information

4. Schedule 4 - Approved Purpose: Detailed description of the permitted purpose for using confidential information

5. Appendix A - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information

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