The Confidentiality Agreement For Intellectual Property is essential in situations where valuable intellectual property needs to be shared while maintaining strict confidentiality and legal protection. This document is particularly crucial in the Philippine business environment, where intellectual property rights are governed by the Intellectual Property Code (RA 8293) and related legislation. It is commonly used during business negotiations, joint ventures, research collaborations, or when engaging contractors who need access to proprietary information. The agreement ensures that any disclosed intellectual property, including patents, trade secrets, copyrights, and proprietary methodologies, remains protected under Philippine law while allowing necessary information sharing for business purposes.
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1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and corporate details
2. Background: Context of the agreement, nature of the business relationship, and purpose of sharing confidential information
3. Definitions: Clear definitions of key terms, especially '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 information
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of confidential information
6. Permitted Use: Specific purposes for which the confidential information may be used
7. Term and Survival: Duration of the agreement and survival of obligations after termination
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
9. Intellectual Property Rights: Clear statement that the agreement doesn't transfer any IP rights
10. Breach and Remedies: Consequences of breach and available remedies under Philippine law
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Third Party Disclosure: Include when there's a possibility of authorized disclosure to third parties like contractors or advisors
2. Special IP Protections: Include for specific types of IP such as software, patents pending, or trade secrets requiring special handling
3. Data Privacy Compliance: Include when confidential information includes personal data subject to the Data Privacy Act
4. Electronic Storage and Transmission: Include when confidential information will be stored or transmitted electronically
5. Non-Solicitation: Include to prevent poaching of employees or clients
6. Specific Security Measures: Include when specific security protocols or standards must be followed
7. Export Control: Include when IP might be subject to export control regulations
1. Schedule A - Description of Confidential Information: Detailed list or categories of confidential information and IP covered
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols for handling confidential information
4. Schedule D - Approved Third Parties: List of approved third parties who may receive the confidential information if applicable
5. Schedule E - Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Technology
Research & Development
Pharmaceuticals
Biotechnology
Manufacturing
Software Development
Creative Industries
Engineering
Education
Healthcare
Telecommunications
Electronics
Financial Services
Media & Entertainment
Professional Services
Relevant Teams
Legal
Research and Development
Information Technology
Product Development
Innovation
Intellectual Property
Corporate Development
Engineering
Business Development
Compliance
Information Security
Scientific Affairs
Technology Transfer
Executive Leadership
Contract Administration
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Legal Officer
Intellectual Property Lawyer
Research Director
Product Development Manager
Innovation Manager
Technical Lead
Business Development Director
Legal Counsel
Patent Attorney
Project Manager
Software Engineer
Research Scientist
Contract Manager
Technology Transfer Officer
IP Rights Manager
Research & Development Director
Information Security Officer
Compliance Manager
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