The Confidentiality Agreement For Intellectual Property is essential for businesses and organizations operating in Indonesia who need to protect their intellectual property and confidential information during business negotiations, collaborative projects, or information sharing arrangements. This document becomes particularly crucial when parties need to disclose sensitive IP-related information such as inventions, proprietary processes, software code, research data, or business methods. It ensures compliance with Indonesian IP protection laws, including Law No. 30 of 2000 on Trade Secrets, Law No. 13 of 2016 on Patents, and other relevant legislation. The agreement is commonly used in technology transfers, joint ventures, research collaborations, and potential business partnerships where intellectual property forms a core component of the discussion or transaction.
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1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and company registration details as per Indonesian requirements
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms including 'Confidential Information', 'Intellectual Property Rights', 'Trade Secrets', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, particularly focusing on IP-related elements
5. Obligations of Receiving Party: Core confidentiality obligations, including storage, handling, and protection of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Protection Measures: Specific security measures required to protect the confidential information
8. Intellectual Property Rights: Confirmation that IP rights remain with the disclosing party and conditions for any licensed use
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination
11. Breach and Remedies: Consequences of breach and available legal remedies under Indonesian law
12. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Non-Competition: Additional provisions restricting competitive activities, used when there's a specific risk of competition
2. Non-Solicitation: Provisions preventing solicitation of employees or customers, included when relevant to business relationship
3. Export Control: Provisions regarding international transfer of technology or data, needed for cross-border relationships
4. Data Privacy Compliance: Specific provisions for handling personal data, required when confidential information includes personal data
5. Reverse Engineering Prohibition: Specific prohibition on reverse engineering, important for technical IP
6. Survival Clauses: Specification of which obligations survive termination, used in more complex agreements
7. Insurance Requirements: Obligations to maintain specific insurance coverage, used in high-value IP situations
1. Schedule A - Description of Confidential Information: Detailed list of specific confidential information and IP covered by the agreement
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Detailed security measures and protocols for handling confidential information
4. Schedule D - Approved Subcontractors: List of approved third parties who may access information if relevant
5. Appendix 1 - Form of Confidentiality Undertaking: Template for confidentiality undertaking to be signed by employees or contractors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Software Development
Research & Development
Electronics
Industrial Design
Automotive
Chemical Industry
Telecommunications
Consumer Goods
Healthcare
Artificial Intelligence
Clean Energy
Digital Media
Relevant Teams
Legal
Research and Development
Innovation
Product Development
Information Technology
Intellectual Property
Business Development
Engineering
Information Security
Compliance
Technology Transfer
Scientific Affairs
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Legal Officer
Intellectual Property Counsel
Research Director
Head of Innovation
Product Development Manager
Legal Counsel
Business Development Director
Technology Transfer Officer
R&D Manager
Patent Attorney
Innovation Manager
Senior Research Scientist
Project Manager
Compliance Officer
Information Security Manager
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