Invention Disclosure Agreement

Invention Disclosure Agreement Template for Denmark

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Document background

The Invention Disclosure Agreement is a crucial document used when an inventor or company needs to share confidential information about an invention with another party while maintaining legal protection. This agreement, governed by Danish law, is particularly important in the pre-patent filing stage or during business negotiations where detailed technical information needs to be shared. It incorporates provisions from key Danish legislation including the Patents Act, Trade Secrets Act, and when applicable, the Act on Employee's Inventions. The document serves as a critical risk management tool, enabling innovation and business development while protecting intellectual property rights. An Invention Disclosure Agreement is essential for maintaining patent rights, as improper disclosure could compromise patentability under Danish and international law.

Suggested Sections

1. Parties: Identification of the disclosing party (inventor/company) and receiving party, including full legal names and addresses

2. Background: Context of the disclosure, relationship between parties, and purpose of the agreement

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

4. Subject Matter of Disclosure: Description of the invention and scope of information being disclosed

5. Confidentiality Obligations: Detailed obligations regarding protection and non-disclosure of the invention and related information

6. Permitted Uses: Specific purposes for which the receiving party may use the disclosed information

7. Ownership and Rights: Confirmation of ownership rights and statement that disclosure does not transfer any rights to the receiving party

8. Return or Destruction of Information: Obligations regarding handling of confidential information upon agreement termination

9. Duration and Termination: Term of the agreement and conditions for termination

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

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

Optional Sections

1. Employee Invention Provisions: Required when the inventor is an employee, incorporating requirements from the Danish Act on Employee's Inventions

2. Multiple Inventors: Required when the invention has multiple contributors to address joint ownership and rights

3. International Protection: Needed when seeking protection in multiple jurisdictions or when parties are from different countries

4. Patent Filing Procedures: Required when there are specific agreements about patent application processes and responsibilities

5. Evaluation Period: Optional section defining a specific period for evaluating the invention before further agreements

6. Data Protection: Required when personal data processing is involved, ensuring GDPR compliance

7. Non-Competition: Optional restrictions on competing activities, subject to Danish law limitations

8. Assignment Rights: Optional provisions regarding the right to assign the agreement to third parties

Suggested Schedules

1. Technical Description: Detailed technical specifications and drawings of the invention

2. Invention Documentation: Supporting documentation, test results, and development history

3. Permitted Recipients: List of authorized individuals or entities who may access the confidential information

4. Security Procedures: Specific procedures for handling and protecting the confidential information

5. Prior Rights: Documentation of any existing rights or prior art relevant to the invention

6. Compensation Terms: If applicable, details of any compensation or royalty arrangements

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