The Patent Non Disclosure Agreement serves as a critical legal instrument in Indonesia's intellectual property landscape, designed to protect confidential information related to patents and innovations. This document is essential when parties need to share sensitive technical information during patent development, licensing discussions, or technology transfer negotiations. It ensures compliance with Indonesian patent law (Law No. 13 of 2016) and trade secret regulations while providing mechanisms for protecting valuable intellectual property. The agreement is particularly important in pre-patent filing situations where maintaining confidentiality is crucial for preserving patent rights, and it includes specific provisions required under Indonesian law for technology transfer and IP protection. Used extensively in research collaborations, business partnerships, and innovation developments, this agreement helps maintain the competitive advantage of inventors and businesses operating in the Indonesian market.
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1. Parties: Identification of the disclosing party (typically patent owner/applicant) and receiving party, including full legal names and addresses
2. Background: Context of the disclosure, relationship between parties, and general purpose of the agreement
3. Definitions: Key terms including 'Confidential Information', 'Patent Information', 'Invention', 'Technical Data', and other relevant terminology
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to patent applications, inventions, and related technical data
5. Obligations of Receiving Party: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees, advisors, or as required by law
7. Term and Survival: Duration of the agreement and survival of obligations post-termination
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Breach and Remedies: Consequences of breach, including injunctive relief and damages
10. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. Patent Filing Rights: Used when the agreement needs to address rights and procedures related to future patent filings
2. Technology Transfer Provisions: Required when the agreement involves transfer of technical knowledge or technology, as per Indonesian regulations
3. Third Party Disclosure: Added when there's a need to address potential disclosure to or by third parties, such as contractors or affiliates
4. Export Control: Include when the patent information may be subject to international export control regulations
5. Competitive Restrictions: Optional provisions regarding non-competition, particularly relevant for agreements between competitors
6. Independent Development: Used to clarify rights for independent development of similar technology
7. Regulatory Compliance: Additional section for specific Indonesian regulatory requirements, particularly for sensitive industries
1. Schedule A - Description of Patent/Invention: Detailed technical description of the patent or invention subject to the NDA
2. Schedule B - Authorized Representatives: List of authorized personnel who may access the confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule D - Disclosure Log: Template for recording authorized disclosures of confidential information
5. Appendix 1 - Form of Confidentiality Undertaking: Template for confidentiality undertakings to be signed by employees or advisors
6. Appendix 2 - Notice Requirements: Specific requirements and contact details for serving notices under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Electronics
Automotive
Chemical
Healthcare
Telecommunications
Energy
Agriculture
Consumer Goods
Industrial Equipment
Software Development
Clean Technology
Relevant Teams
Legal
Research & Development
Intellectual Property
Innovation
Product Development
Engineering
Technology Transfer
Scientific Affairs
Business Development
Compliance
Technical Operations
Patent Administration
Relevant Roles
Chief Technology Officer
Research Director
Patent Attorney
Intellectual Property Manager
R&D Manager
Innovation Director
Legal Counsel
Technology Transfer Officer
Product Development Manager
Chief Scientific Officer
Business Development Director
Licensing Manager
Technical Project Manager
Head of Engineering
Chief Legal Officer
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