An Invention Disclosure Agreement is essential when inventors, companies, or research institutions need to share confidential information about new inventions with potential partners, investors, or evaluators. This document, structured under Belgian law, provides crucial protection for intellectual property rights during the disclosure process. It becomes particularly important in the early stages of invention development, before patent applications are filed, or when seeking commercial partnerships. The agreement ensures compliance with Belgian intellectual property laws, including the Code of Economic Law Book XI and the Belgian Act on Trade Secrets, while establishing clear confidentiality obligations and usage limitations for the receiving parties.
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1. Parties: Identification of the disclosing party (inventor/owner) and receiving party, including full legal names, addresses, and registration details if applicable
2. Background: Context of the disclosure, relationship between parties, and general purpose of the agreement
3. Definitions: Definitions of key terms including 'Invention', 'Confidential Information', 'Permitted Purpose', and 'Representatives'
4. Scope of Disclosure: Details of what information will be disclosed and in what form
5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of the invention and related information
6. Permitted Use: Specific purposes for which the receiving party may use the disclosed information
7. Security Measures: Required security measures for protecting the disclosed information
8. Return or Destruction of Information: Procedures for handling confidential information after the agreement ends
9. Duration and Termination: Term of the agreement and conditions for termination
10. Intellectual Property Rights: Confirmation that disclosure doesn't transfer any IP rights and protection of existing rights
11. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes
1. Multiple Inventors: Additional provisions when the invention has multiple inventors or owners
2. Employee Obligations: Specific provisions when the receiving party will share information with employees
3. International Disclosure: Additional provisions for cross-border disclosures and international protection
4. Grant of License: Optional licensing terms if evaluation requires limited use of the invention
5. Non-Competition: Restrictions on competing activities during and after disclosure
6. Assignment: Terms regarding whether rights under the agreement can be assigned to third parties
7. Insurance: Requirements for insurance coverage related to handling confidential information
1. Schedule 1 - Technical Description: Detailed technical description of the invention including drawings, specifications, and technical data
2. Schedule 2 - Disclosure Protocol: Specific procedures and protocols for how information will be disclosed and handled
3. Schedule 3 - Authorized Representatives: List of authorized representatives from each party who may access the confidential information
4. Schedule 4 - Security Requirements: Detailed security measures and protocols required for protecting the disclosed information
5. Appendix A - Form of Acknowledgment: Template for representatives to acknowledge confidentiality obligations
6. Appendix B - Destruction Certificate: Template certificate confirming destruction of confidential information when required
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