This Non Disclosure Agreement For Design Work is essential when engaging in any design-related business relationship in India where confidential design information needs to be shared. It's particularly relevant when commissioning design work, collaborating on design projects, or sharing design concepts with potential clients or manufacturers. The agreement ensures protection under Indian law, including the Contract Act, 1872, and Designs Act, 2000, covering both physical and digital design assets. It's crucial for situations involving industrial designs, product designs, fashion designs, architectural plans, or digital designs, providing specific provisions for protecting intellectual property rights, maintaining confidentiality, and establishing clear usage permissions. The document is structured to accommodate both one-way and mutual disclosure scenarios, making it suitable for various design business relationships.
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1. Parties: Identification of the disclosing party (design owner) and receiving party, including full legal names and addresses
2. Background: Context of the relationship, nature of design work, and purpose of sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Design Materials', 'Design Rights', 'Intellectual Property Rights', and 'Permitted Purpose'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of design work, including sketches, prototypes, digital files, and technical specifications
5. Obligations of Confidentiality: Core confidentiality obligations, including handling, storage, and protection of design materials
6. Permitted Use and Disclosure: Specific circumstances under which the receiving party may use or share the confidential design information
7. Protection of Design Materials: Specific measures required to protect physical and digital design assets
8. Return or Destruction of Information: Requirements for handling confidential information upon termination or request
9. Duration and Termination: Term of the agreement and confidentiality obligations post-termination
10. Breach and Remedies: Consequences of breach and available legal remedies under Indian law
11. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments
1. Third Party Disclosure: Include when design work may need to be shared with contractors, vendors, or other third parties
2. Digital Security Measures: Add when significant digital design assets are involved, specifying cybersecurity requirements
3. International Transfer of Data: Include when design work may be shared across international borders
4. Non-Solicitation: Add when there's a risk of poaching design team members
5. Competitive Restrictions: Include when the receiving party operates in a competing business
6. Sample Watermarking: Add when sharing design samples requiring specific marking or identification
7. Prior Designs Exclusion: Include when the receiving party has existing design portfolio that should be excluded
1. Schedule 1: Design Materials: Detailed list of specific design materials, formats, and files covered by the agreement
2. Schedule 2: Authorized Representatives: List of individuals authorized to receive and handle confidential design information
3. Schedule 3: Security Protocols: Specific procedures for handling, storing, and transmitting design materials
4. Schedule 4: Approved Subcontractors: If applicable, list of pre-approved third parties who may access the design materials
5. Appendix A: Return/Destruction Certificate: Template certificate confirming return or destruction of confidential information
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Fashion and Apparel
Industrial Manufacturing
Automotive
Consumer Electronics
Architecture
Interior Design
Product Design
Graphic Design
Digital Media
Furniture and Home Goods
Packaging
Jewelry and Accessories
Gaming and Entertainment
Relevant Teams
Legal
Design
Product Development
Creative Services
Innovation
Research and Development
Production
Procurement
Brand Management
Technical Design
Intellectual Property
Project Management
Quality Assurance
Engineering
Relevant Roles
Design Director
Creative Director
Product Designer
Industrial Designer
Graphic Designer
UI/UX Designer
Project Manager
Design Manager
Chief Creative Officer
Design Engineer
Product Development Manager
Brand Manager
Design Consultant
Art Director
Innovation Manager
Technical Designer
Design Coordinator
Production Manager
Legal Counsel
Procurement Manager
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