The Confidentiality Agreement For Intellectual Property is essential when parties need to share sensitive intellectual property or confidential information in Ireland while maintaining strict control over its use and disclosure. This document is particularly relevant for business relationships involving technology transfer, research collaboration, product development, or any situation where valuable IP needs protection. It ensures compliance with Irish intellectual property law, including the Industrial and Commercial Property (Protection) Act 1927 and the European Union (Protection of Trade Secrets) Regulations 2018. The agreement is structured to protect various forms of IP including patents, trade secrets, proprietary technology, and confidential innovations, while establishing clear obligations and remedies under Irish jurisdiction. It's commonly used in business negotiations, due diligence processes, joint ventures, and research partnerships where IP protection is crucial.
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1. Parties: Identification of all parties to the agreement, including full legal names and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Intellectual Property Rights', 'Authorized Purpose', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, particularly regarding IP
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection measures, and permitted uses of confidential information
6. Intellectual Property Rights: Confirmation of IP ownership and that no rights or licenses are transferred
7. Security Measures: Required procedures and standards for protecting confidential information
8. Return or Destruction of Information: Obligations regarding confidential information upon termination or request
9. Duration and Termination: Term of the agreement and survival of obligations
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Include when disclosure to third parties (such as advisors or contractors) may be necessary
2. International Transfer of Data: Required when confidential information may be transferred outside Ireland/EU
3. Specific IP Protection Measures: Include when dealing with specific types of IP (patents, trade secrets, etc.)
4. Competition Law Compliance: Include when parties are competitors or in regulated industries
5. Data Protection Compliance: Required when confidential information includes personal data
6. Group Company Provisions: Include when either party needs to share information with group companies
7. Reverse Engineering Prohibition: Include for software or technical IP protection
8. Residual Knowledge Clause: Optional clause addressing use of non-confidential general knowledge
1. Schedule 1 - Specified 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 procedures to be followed
4. Schedule 4 - Approved Third Party Recipients: If applicable, list of approved third parties who may receive information
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings by employees or third parties
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Manufacturing
Research & Development
Software Development
Media & Entertainment
Industrial Design
Healthcare
Education
Professional Services
Engineering
Chemical Industry
Automotive
Aerospace
Consumer Electronics
Relevant Teams
Legal
Research & Development
Intellectual Property
Innovation
Product Development
Information Technology
Compliance
Engineering
Scientific Research
Business Development
Technology Transfer
Design
Corporate Development
Information Security
Relevant Roles
Chief Technology Officer
Intellectual Property Counsel
Research Director
Product Development Manager
Innovation Manager
Legal Counsel
Compliance Officer
Chief Scientific Officer
R&D Manager
Patent Attorney
Business Development Director
Technology Transfer Officer
Head of Innovation
General Counsel
Chief Executive Officer
Chief Information Officer
Research Scientist
Product Engineer
Software Architect
Industrial Designer
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