The Confidentiality And Intellectual Property Agreement serves as a crucial legal instrument for protecting sensitive business information and intellectual property rights under Austrian law. It is commonly used when parties need to share confidential information while also addressing the ownership, creation, or transfer of intellectual property rights. This agreement is particularly relevant in business relationships involving technology transfer, product development, consulting services, or employment relationships where IP creation is expected. The document ensures compliance with Austrian civil law, intellectual property legislation, trade secret protection laws, and EU data protection requirements, including the GDPR where applicable. It can be customized for various business contexts, from simple bilateral relationships to complex multi-party arrangements, and is especially important in industries where innovation and proprietary information are key assets.
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1. Parties: Identification of the contracting parties, including full legal names, addresses, and registration details for companies
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and/or creating IP
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Intellectual Property', 'Pre-Existing IP', and 'New IP'
4. Confidentiality Obligations: Core obligations regarding the protection, use, and non-disclosure of confidential information
5. Intellectual Property Rights: Ownership, assignment, and/or licensing of IP rights, including Pre-Existing IP and New IP
6. Permitted Use and Disclosure: Specified purposes for which confidential information can be used and circumstances under which disclosure is permitted
7. Protection Measures: Security measures required to protect confidential information and IP
8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information upon termination or request
9. Term and Termination: Duration of the agreement and termination provisions
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Employee and Contractor Obligations: Required when agreement covers obligations of employees or contractors to assign IP and maintain confidentiality
2. Data Protection: Required when confidential information includes personal data subject to GDPR
3. Export Control: Required when confidential information or IP may be subject to export control regulations
4. Non-Competition: Optional clause restricting competitive activities, subject to Austrian competition law limitations
5. Source Code Escrow: Required when agreement involves software IP and source code protection
6. Joint Development: Required when parties will collaborate to create new IP
7. License Grant: Required when one party is licensing rather than assigning IP rights
8. Audit Rights: Optional clause allowing audit of compliance with confidentiality obligations
1. Schedule 1 - Specified Confidential Information: Detailed list or categories of confidential information covered by the agreement
2. Schedule 2 - Pre-Existing IP: Inventory of each party's pre-existing IP rights relevant to the agreement
3. Schedule 3 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
4. Schedule 4 - Security Protocols: Detailed security measures and protocols for protecting confidential information
5. Schedule 5 - Approved Third Party Recipients: List of approved third parties who may receive confidential information
6. Appendix A - Form of Confidentiality Undertaking: Template confidentiality undertaking for employees or third parties
7. Appendix B - IP Assignment Form: Template for documenting specific IP assignments under the agreement
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