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NDA Product Design Template for Germany

A comprehensive non-disclosure agreement tailored for product design activities under German law, incorporating provisions from the German Trade Secrets Act (GeschGehG) and German Civil Code (BGB). This agreement specifically addresses the protection of design-related confidential information, including technical drawings, prototypes, manufacturing processes, and industrial designs. It includes specific provisions for both digital and physical design assets, ensuring compliance with German and EU regulations while facilitating secure collaboration in product design projects.

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What is a NDA Product Design?

This Product Design NDA template is specifically designed for use in situations where parties need to share sensitive product design information, prototypes, or manufacturing processes under German law. The document is particularly relevant when companies or individuals are engaging in product development collaborations, design consultancy, or manufacturing partnerships. The NDA Product Design agreement incorporates requirements from the German Trade Secrets Act (GeschGehG) and addresses both physical and digital design assets, making it suitable for modern product development processes. It includes specific provisions for handling technical drawings, CAD files, prototypes, and manufacturing specifications, while ensuring compliance with German contractual requirements and EU regulations regarding trade secrets and data protection.

What sections should be included in a NDA Product Design?

1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses

2. Background: Context of the product design collaboration and purpose of the NDA

3. Definitions: Definitions of key terms including 'Confidential Information', 'Product Design Materials', 'Prototypes', 'Design Documentation', and 'Trade Secrets'

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of product design, including drawings, specifications, prototypes, and manufacturing processes

5. Confidentiality Obligations: Core obligations regarding the protection and non-disclosure of confidential information

6. Permitted Use: Specific permitted uses of the confidential information in relation to the product design project

7. Security Measures: Required security measures for protecting both physical and digital design materials

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. Governing Law and Jurisdiction: Specification of German law application and jurisdiction

What sections are optional to include in a NDA Product Design?

1. Prototype Handling: Specific provisions for handling physical prototypes and samples - include when physical prototypes are part of the design process

2. Digital Security Requirements: Detailed IT and digital security requirements - include for digital design files and CAD drawings

3. Third Party Disclosure: Provisions for sharing information with authorized third parties like manufacturers or design subcontractors - include when third party involvement is anticipated

4. Intellectual Property Rights: Specific provisions regarding IP rights in design improvements or modifications - include when collaborative design work is contemplated

5. Non-Competition: Restrictions on competing activities - include when competitive concerns exist

6. Insurance Requirements: Requirements for insurance coverage - include for high-value design projects

What schedules should be included in a NDA Product Design?

1. Schedule 1 - Description of Product Design Project: Detailed description of the product design project and scope

2. Schedule 2 - Authorized Personnel: List of personnel authorized to access confidential information

3. Schedule 3 - Security Protocols: Detailed security procedures and requirements

4. Schedule 4 - Return/Destruction Certificate: Form for certifying the return or destruction of confidential information

5. Appendix A - Handling Procedures: Specific procedures for handling physical prototypes and design materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Germany

Cost

Free to use

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