Invention Confidentiality Agreement

Invention Confidentiality Agreement Template for Denmark

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Document background

The Invention Confidentiality Agreement is essential when inventors or companies need to disclose innovative technical solutions or inventions to third parties while maintaining confidentiality and protecting their intellectual property rights. This document, governed by Danish law, is commonly used during business negotiations, potential partnerships, investment discussions, or when seeking technical evaluation of an invention. It ensures compliance with the Danish Trade Secrets Act and related legislation while providing a clear framework for confidential disclosures. The agreement is particularly crucial in the pre-patent filing stage or when the invention contains valuable know-how that requires protection beyond patent rights. It establishes mutual understanding regarding the handling of sensitive technical information and sets out clear consequences for any breach of confidentiality obligations.

Suggested Sections

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

2. Background: Context of the agreement, brief description of the invention, and purpose of disclosure

3. Definitions: Key terms including 'Confidential Information', 'Invention', 'Authorized Purpose', and other relevant definitions

4. Scope of Confidential Information: Detailed description of what constitutes confidential information related to the invention

5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed to authorized persons

7. Security Measures: Specific measures required to protect the confidential information

8. Term and Termination: Duration of confidentiality obligations and termination provisions

9. Return or Destruction of Confidential Information: Obligations regarding confidential information upon termination

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

11. General Provisions: Standard provisions including notices, amendments, governing law, and jurisdiction

Optional Sections

1. Intellectual Property Rights: Additional provisions regarding IP ownership and rights, particularly relevant if the invention may lead to patent applications

2. Employee and Contractor Obligations: Include when receiving party needs to share information with employees or contractors

3. Cross-Border Transfers: Required when confidential information may be transferred outside Denmark or the EU

4. Data Protection Compliance: Include when confidential information includes personal data subject to GDPR

5. Non-Competition: Optional restrictions on competing activities, subject to Danish competition law

6. Escrow Provisions: For cases where technical information needs to be held in escrow

7. Insurance Requirements: When specific insurance coverage is required for handling confidential information

8. Alternative Dispute Resolution: Optional mediation or arbitration provisions before court proceedings

Suggested Schedules

1. Description of Invention: Detailed technical description of the invention and related confidential information

2. Authorized Personnel: List of individuals authorized to access the confidential information

3. Security Protocols: Detailed security measures and protocols for handling confidential information

4. Disclosure Log: Template for recording all instances of authorized disclosure

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

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