The IP Non-Disclosure Agreement under Irish law is essential for businesses and organizations engaging in discussions or collaborations where sensitive intellectual property and confidential information need to be shared. This document becomes particularly relevant when parties are exploring potential partnerships, conducting due diligence, engaging in research collaboration, or discussing innovative technologies or methodologies. The agreement incorporates provisions from Irish intellectual property legislation, EU trade secrets regulations, and data protection laws, making it suitable for both domestic and international business relationships. It provides comprehensive protection for various forms of intellectual property while ensuring compliance with Irish legal requirements and EU regulations. The document is commonly used in technology transfers, research partnerships, commercial negotiations, and any situation where proprietary information needs to be protected while maintaining the flexibility to conduct business discussions.
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1. Parties: Identification of the disclosing and receiving parties, including registered addresses and company details
2. Background: Context of the agreement, purpose of sharing confidential information, and relationship between the parties
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Intellectual Property Rights', 'Representatives', and 'Permitted Purpose'
4. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information
5. Permitted Use and Disclosure: Specified circumstances under which confidential information may be used or disclosed
6. Security Measures: Required procedures and safeguards for protecting confidential information
7. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination or request
8. Intellectual Property Rights: Confirmation of ownership and rights regarding IP and confidential information
9. Duration and Survival: Term of the agreement and provisions that survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard boilerplate clauses including governing law, jurisdiction, and entire agreement
1. Employee and Representative Obligations: Additional provisions for ensuring compliance by employees and representatives, used when parties need to share information with their staff
2. Data Protection Compliance: Specific provisions for GDPR compliance, used when confidential information includes personal data
3. Source Code Protection: Special provisions for protecting software source code, used in technology-focused NDAs
4. Residual Knowledge: Provisions addressing use of retained knowledge, used in professional services contexts
5. Competition Law Compliance: Specific provisions ensuring compliance with competition laws, used when parties are competitors
6. Third Party Rights: Provisions regarding third party beneficiaries, used when third party IP might be involved
7. Export Control: Provisions regarding international transfer of technology, used for cross-border arrangements
1. Schedule 1 - Description of Confidential Information: Detailed list or categories of information covered by the agreement
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 - Permitted Purpose: Detailed description of the specific purposes for which confidential information may be used
5. Appendix A - Form of Representative Undertaking: Template confidentiality undertaking for representatives to sign
Relevant legal definitions
Clauses
Relevant Industries
Technology
Pharmaceuticals
Biotechnology
Software Development
Manufacturing
Research & Development
Healthcare
Financial Services
Professional Services
Education
Creative Industries
Telecommunications
Engineering
Chemical Industry
Electronics
Relevant Teams
Legal
Research and Development
Innovation
Intellectual Property
Business Development
Corporate Development
Compliance
Technology Transfer
Product Development
Scientific Affairs
Commercial Operations
Patent Operations
Information Security
Corporate Strategy
Executive Leadership
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Legal Officer
Intellectual Property Counsel
Research Director
Business Development Manager
Innovation Manager
Legal Counsel
Patent Attorney
R&D Manager
Technology Transfer Officer
Product Development Manager
Commercial Director
Head of Innovation
Compliance Officer
General Counsel
Contract Manager
Corporate Development Executive
Chief Scientific Officer
IP Portfolio Manager
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